Answers To Frequently Asked Workers’ Compensation Questions
I understand how difficult it can be to navigate through Ohio’s workers’ compensation regulations, especially when you have workplace injuries or illness. For your information, I’ve compiled brief answers here to some of the questions my clients frequently ask. For legal counsel and assistance with your specific workers’ compensation needs, please contact me at Todd Miller Law LLC in Dayton.
What does workers’ compensation consider a “work” injury?
A work injury is an accident that occurs in the course of your employment, regardless of whether you did something to contribute to it.
What is a repetitive injury?
A repetitive injury is an injury that does not happen at one specific time. A repetitive injury may occur over the course of several days or weeks due to repeated motion in the course of your work duties.
Is it hard to get compensation for an occupational disease?
An occupational disease must meet certain legal criteria. Your employment must be of such character that your risk of contracting such a disease is greater than employment in general and greater than the risk of the public in general contracting such a disease. Examples of diseases that can be occupational diseases are asbestosis and carpal tunnel syndrome.
How does temporary total disability (TTD) work?
Temporary total disability is the monetary compensation you receive while you are completely off work from an injury. The first seven days of disability are not payable until you miss 14 days in a row. In other words, if you are off work for 10 days, you can get paid temporary total disability for days eight, nine and 10 that you missed from work but not the first seven days.
What is “wage loss” compensation?
Wage loss is a benefit that is payable if you are unable to return to your former position of employment and you have either found a job making less money or are looking for work within restrictions provided by your doctor. There are certain rules that must be followed in order to be eligible for these benefits.
What does permanent partial disability (PPD) compensation cover?
Permanent partial disability is sometimes compared to a type of “pain and suffering” award. Unfortunately, there is no such thing as “pain and suffering” under Ohio’s workers’ compensation system. The permanent partial disability is an award of money that attempts to recognize and compensate you for the percentage of your injury that remains permanent. It is not a settlement of your claim.
Will workers’ compensation pay my full weekly wage (FWW)?
Full weekly wage is calculated based on your earnings from the six weeks prior to your injury. The full weekly wage determines the rate at which you will be paid temporary total disability for the first 12 weeks of your disability. The FWW generally amounts to 72% of your gross wages.
What is an average weekly wage (AWW)?
The average weekly wage is based on your earnings in the year prior to your injury. Under certain circumstances, the exclusion of some periods of unemployment may apply. The average weekly wage will determine your rate of pay for temporary total disability after the first 12 weeks of disability. Generally, AWW pays 66 2/3% of your earnings after the first 12 weeks of disability. The AWW also determines the rate of pay for your wage loss.