Some workplace injuries are life-altering, and the best medical care may not restore the losses you suffered. When that happens, the Ohio Board of Workers’ Compensation will review your case to determine if you qualify for permanent total disability payments.
For help filing Toledo permanent disability workers’ compensation claims, the skilled workers’ comp attorneys at Schaffer & Associates will provide compassionate and knowledgeable legal assistance to help prove your case.
If your injuries leave you unable to work in any capacity, you may be considered “permanently and totally disabled.” State law describes this condition as unable to “perform sustained remunerative employment” in Ohio Code Rule 4121-3-34. Permanent does not mean it will last for your entire life, but it will last for an indefinite period without any present hope of recovery.
Examples of permanent total disability include the loss of:
Another requirement of permanent total disability is that you are unable to transfer any skills you acquired in your current job into a less-demanding job. For example, if you were a mechanic who lost the use of both eyes, you would not be able to work in any other capacity as a mechanic without extensive retraining. Our workers’ compensation attorneys in Toledo and the surrounding area can help determine whether your injuries qualify for permanent total disability benefits.
If you suffer an injury leaving you able to work at a less-strenuous or less-demanding role, our Toledo legal team can help determine if your claim qualifies for permanent partial disability and allows you to receive work-related injury benefits. This type of injury will last an indefinite period without resolution, but you can still perform remunerative employment. For instance, if you were a mechanic who lost the use of one eye but could still perform clerical work, you may qualify for partial disability.
For your case to qualify for permanent disability workers’ compensation in Toledo, you must show that your condition reached the “maximum medical improvement” and is unlikely to improve over time.
Even if you are already receiving workers’ compensation benefits, you must file an application for Compensation for Permanent Total Disability. You must also have a complete medical examination and attend a Board of Workers’ Compensation hearing before receiving approval of your application.
If you qualify for permanent total disability, you will receive up to 66.6 percent of your average weekly wage in benefits. If you receive other disability payments, the Board may deduct some of that payment from your workers’ compensation payment. The calculation process is complex, and you have the right to appeal any decision made by the Board, including the payment rate or denials of your claim. If you are filing a permanent disability claim, you should consider having legal representation to help with these complexities.
Toledo permanent disability workers’ compensation claims can be challenging, and you may benefit from the assistance of a skilled attorney. At Schaffer & Associates, we have experience filing workers’ compensation claims and appealing denials and settlements for our clients.
Our clients come to us at critical times in their lives, and our attorneys provide them with the legal guidance to file their workers’ compensation disability claims with the least stress. Contact our office today for a free and confidential case review and consultation.