Many people get injured on the job and are unable to work for a while. This is a frightening and frustrating experience. Victims are often struggling with the discomfort and pain of their injuries, so it's stressful to wonder how to cover medical bills and everyday expenses when dealing with lost wages.
Temporary total disability benefits are a form of workers' compensation. It pays an injured worker who is unable to go to work for a temporary time period.
Navigating the workers' compensation laws in Ohio can be daunting. If the victim doesn't follow the rules, they might be turned down for benefits or receive a lower amount. Employees who are injured on the job should speak to an attorney to get advice, and Schuerger Shunnarah Trial Attorneys goes to war for Cincy to help victims get fully compensated for their injuries. They can also explain how ppd is calculated in Ohio.
What's Temporary Total Disability?
TTD is the benefit paid to replace lost income and cover medical costs from a work-related injury or occupational disease when the injured worker:
Can't return to their former position (the job duties they had the day of the injury)
Is released to return to work but can't get it from their current employer or another one
Hasn't reached maximum medical improvement
The TTD Benefits Time Frame for an Injured Worker
When one is injured on the job, they should see a doctor immediately for medical treatment. They must get a medical evaluation and file the workers' comp claim as soon as possible. Likewise, they can choose their own physician.
If one doesn't file a claim within the disability period, they might become ineligible for benefits. Therefore, it's crucial to start as soon as possible and work with workers comp lawyers in Cincinnati for the best results.
Who Is Eligible for Temporary Total Disability in Ohio?
The injured worker must demonstrate that they're totally but temporarily disabled through medical evidence (medical expenses related to the injury) to establish the temporary total compensation they're eligible to receive. Temporarily disabled indicates that the work-related injury will improve in time. Likewise, the medical provider should provide a treatment plan that demonstrates how the employee gets better in time.
Another element required for TTD eligibility is the demonstrated evidence showing that a worker cannot return to their normal work duties. If they can perform restricted duties, they're still totally disabled in the eyes of the law.
However, the employee isn't automatically entitled to receive disability compensation because they're restricted. The employer could accommodate that person's restrictions, allowing them to work and earn money. However, there are certain requirements the employer must follow.
How Does One Receive TTD Benefits?
A victim must file a workers' compensation claim in Ohio to receive TTD benefits. First, they must tell the employer they were injured and immediately get medical treatment. Next, they will formally file the claim through the Ohio BWC. It will review the claim and either grant the TTD or bring in the Industrial Commission to help with the ruling.
Can a Person Continue Working While Getting TTD Benefits?
In most cases, injured workers cannot continue working while getting temporary total disability benefits because this is fraud. If one does this, they could face serious criminal penalties. Therefore, people should consult with a lawyer before resuming work-related activities while on TTD and talk to their doctor about returning to work.
If the worker is injured but works another job, the BWC will not pay TTD if they continue working part- or full-time at any job. However, they could be entitled to other workers' comp benefits if they cannot perform their job like they did before the injury.
How Are TTD Payments Calculated?
The temporary total compensation for the first 12 weeks is calculated at 72 percent of the injured worker's wages (full weekly wage). FWW is based on the average of the six weeks before the injury or the person's last full week of employment, whichever is more.
After the 12 weeks, the payment is calculated at 66.66 percent of the average weekly wage.
The average weekly wage is based on the earnings 52 weeks before the injury date. This includes all wages from any employer and not only the one at the time of the injury. Likewise, the wage calculations are subjected to the statewide maximum.
It's essential to consult with an attorney when dealing with TTD benefits because the rate is interpreted based on schooling, unemployment, and other circumstances. Victims deserve the maximum benefit possible. Schuerger Shunnarah Trial Attorneys can also help with questions like Is permanent partial disability for life in Ohio?
When Do TTD Payments Stop?
The payment of temporary total disability benefits will stop when:
The injured worker returns to work with another or the same employer.
The employer or another employer can make work available that the injured worker can complete.
The injured employee's physician clears them to go back to work.
The injured employee voluntarily quits (abandons employment).
The injured employee becomes incarcerated.
The injured worker has reached maximum medical improvement.
What to Do After TTD Ends
If the injured worker isn't eligible for TTD anymore, there are other compensation forms available. Other options in Ohio include:
Permanent partial disability
Permanent total disability
Vocational rehabilitation
Non-working and working wage loss
Why Work with a Workers' Compensation Attorney from Schuerger Shunnarah Trial Attorneys
Temporary total disability and other workers' compensation claims are often complicated because of the disability's nature and the circumstances relating to the injury and employment. For example, rate of pay, eligibility, and voluntary abandonment can all come into play.
When the injured worker is facing injuries that keep them away from work for an extended period of time, it's wise to seek the assistance of an experienced attorney. No one wants to lose the full compensation amount they're entitled to because they didn't know the rules. This could compromise their recovery and future in various ways.
Request a Free Consultation Today!
Injured Ohio workers don't have to deal with a work injury alone. In fact, it's wise to contact Schuerger Shunnarah Trial Attorneys, which goes to war for Cincy. Please call to request a free consultation today!