Types of benefits
If your claim has been allowed you may qualify for compensation even if you have not lost time from work as a result of your injury. Some of the types of compensation are:
Temporary Total Compensation
- Temporary total compensation is provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to the work related injury or occupational disease. The initial award of compensation is generally paid to an injured worker to compensate for lost wages.
- A certain amount of permanent damage (called residual damage) may remain as a result of the injury. A scheduled loss (formerly known as a permanent partial) award encompasses amputations and loss of use, including vision and hearing. A scheduled loss award is based on the loss suffered by the injured worker prior to treatment, not on the injured worker’s condition after treatment.
Percentage of Permanent Partial Award
- A certain amount of permanent damage (called residual damage) may remain as a result of the injury. Compensation is awarded for residual impairment resulting from an allowed injury or occupational disease. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, he would be eligible for an award based upon the residual loss. The permanent impairment may be physical, psychological or psychiatric.
Permanent Total Disability
- Permanent Total Disability is the injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. Benefits compensate the injured worker for impairment of earning capacity. Compensation for is payable for life. When an injured worker applies for permanent total disability, he/she must attend an Industrial Commission examination and hearing to determine if he/she meets the eligibility criteria for this type of compensation.
Disabled Workers’ Relief Benefits
- Disabled Workers’ Relief Fund is a separate supplemental fund established to provide relief to an injured worker who is receiving permanent total disability compensation benefits by raising the cost of living level.
Change of Occupation
- Injured workers who have contracted silicosis, coal miners’ pneumoconiosis or asbestosis may be entitled to a change of occupation award. These injured workers have been medically advised that a change of occupation is recommended in order to substantially decrease further exposure to silica dust, asbestos or coal dust.
Facial Disfigurement Award
- A Facial Disfigurement Award is a one-time award granted for visible damage to the face or head with the potential to impair the injured workers ability to secure or retain employment.
Wage Loss compensation may be paid to an injured worker that suffers a reduction in earnings as a direct result of restrictions from the allowed conditions in the claim.
Two conditions must be met to be eligible:
- A loss or decrease in wages exists.
- The wage loss is a direct result of the restrictions caused by the allowed conditions in the claim.
A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
Death benefits can be divided into two categories. The first is when death results instantaneously as a result of an injury. The second is when death is not an instantaneous but a proximate result of an injury or occupational disease.
Why use a lawyer
If your work injuries are relatively minor and the expectation is that the impairments caused by the job injury will not be permanent, there may be little need to hire a workman's comp lawyer.
However, if the work-related injury is serious and the worker's compensation claim is rejected, getting an attorney involved in the case may be the best course of action.
An attorney may be helpful in the following instances:
- Benefits are approved but the worker does not receive the correct amount.
- The employer retaliates against the worker after the claim is filed.
- Medical care is denied to the injured worker.
How we are paid
Thomakos Law office works under a pre-arranged contingency fee agreement. You do not pay us unless the case is resolved and benefits have been awarded.
How to apply
The injured worker must file a workers' compensation claim, in order for an injured worker to receive benefits under the Ohio Workers' Compensation system.
A claim can be filed by using the FROI-1 form which can be downloaded from the Bureau of Workers' Compensation web site. It is the injured worker's responsibility to ensure that a claim has been filed.
After a claim has been filed, the injured worker will receive a claim number. Check to ensure that a claim has actually been filed, if you have not received a claim number.
There are time limits for filing workers' compensation claims. If you have a specific question about the time limits for filing a claim please contact us.
Have you been denied?
Have you been denied Workers Compensation benefits or if you have told your injuries are not severe enough or a doctor has refused to approve your workers compensation, again, please contact our office. We have helped many injured workers receive workers compensation benefits and settlements after they were initially denied. If your claim is denied, we will discuss the appeals process and represent you in court if your case is right for an appeal.
Free Workers’ Compensation Case Evaluation
Complete our Workers’ Compensation Evaluation Form. We will review your information and contact you.