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Anyone who gets injured at work and suffers a permanent impairment on a part of their body is eligible for permanent partial disability (PPD) benefits, a type of workers' compensation benefit. The key here is that the individual does not have to be completely disabled, they only need to have a permanent partial disability. This impairment is determined by obtaining medical evidence.
Now, how is this benefit calculated? There are a number of variables to consider, including the type of injury suffered. The treating doctor will also assign the injured worker a permanent impairment rating once they've reached the end of their healing period, which plays a crucial role in calculating the PPD benefit.
Permanent Impairment Ratings
What is permanent partial disability? A permanent partial disability is different from a temporary partial disability. When someone suffers a permanent disability, they are only able to heal to a certain extent. Therefore, there comes a time when medical treatment will no longer be able to help the victim's condition. Once a person reaches this stage of the healing process, known as maximum medical improvement (MMI), their treating doctor will assign them an impairment rating.
Under Ohio law, this percentage needs to be determined using objective medical evidence. This percentage will be used to calculate the PPD benefits amount.
An impairment rating is based on the percentage of disability caused by the accident and is expressed as a percent of whole person impairment. Total incapacitation would be 100%, and a person with no injury or illness would receive a percentage of 0 as an impairment rating.
A valid question many people have is, "What happens if they disagree with the impairment rating?" In this case, the injured worker has 20 days from the date they received the order to file an objection with the Ohio Bureau of Workers' Compensation.
How to Calculate PPD Benefits in Ohio
Now, how is PPD calculated? PPD, which forms part of workers' compensation, is determined on a state level, unlike federal disability programs including SSI and Social Security disability, which are determined in accordance with federal law. Therefore, Ohio laws governing PPD benefits differ from many other states.
In Ohio, permanent partial disability benefits are calculated as two weeks of compensation for every percentage point. Thus, if an injured worker has a permanent impairment rating of 10%, they'll receive 20 weeks of PPD compensation.
A PPD award is a lump sum settlement calculated as 66 2/3% of the worker's average weekly wage. The payment of a PPD award extends your claim's lifespan for a further five years. Therefore, the PPD award is not a settlement of your workers' compensation claim.
Let's look at an example:
Mike suffered a severe knee injury while on the job at a construction site due to a heavy falling object. After filing an application and undergoing the medical examination, it was determined he had an impairment rating of 20%. According to his average weekly wage prior to the accident, he has a PPD rate of $350 a week.
Therefore, the PPD benefits Mike is entitled to would be calculated as:
PPD impairment rating: 20%
Number of weeks Mike is entitled to PPD benefits: 20 x 2 = 40
PPD weekly rate: $350
Total PPD benefits: $2,800 (20% x 40 x $350)
When to File a Permanent Partial Disability Application
An injured worker has two options when determining when to file a PPD application, namely:
26 weeks from the date of the injury if they did not receive any compensation from the claim; or
26 weeks from the date the victim last received payment or wage loss compensation or temporary total disability benefits.
The application needs to be filed with the Ohio Bureau of Workers' Compensation. Furthermore, the specific application that needs to be filed is known as an Application for Determination of the Percentage of Permanent Partial Disability or Increase of Permanent Partial Disability (C-92).
Only once the form has been filed will the injured worker undergo the medical examination to determine the permanent partial disability impairment rating.
When Do Permanent Partial Disability Benefits Start?
Permanent partial disability benefits may only start being paid once the injured worker has reached their MMI and has stopped receiving other workers' compensation payments.
It's important to note that permanent partial disability/ PPD benefits cannot be paid concurrently with temporary total disability (TTD). However, they can be paid concurrently with permanent total disability (PTD) benefits and temporary partial disability (TPD) benefits.
Furthermore, injured workers can only start receiving PPD benefits once they have an impairment rating. Victims of workplace injuries won’t receive benefits without a rating. This rating can only be calculated at the end of the person's healing process.
Any worker that recovers from their injury or illness in full will not receive an impairment rating and will not be entitled to PPD benefits. Larrimer & Larrimer has more information on how permanent partial disability works.
Contact Larrimer & Larrimer for a Free Consultation
To ensure injured workers get the compensation they're entitled to, it's always advisable to hire a legal team with plenty of knowledge and experience. At Larrimer & Larrimer, our attorneys have decades of experience handling PPD claims. Therefore, if you or a loved one has suffered permanent partial disability, schedule a free initial consultation with one of our compassionate and skilled experienced workers compensation lawyers in Columbus. We are ready to handle your workers' compensation claim and ensure your PPD benefits are fair and reasonable.
FAQs
Can I File a Request for an Increase with the Ohio BWC?
Yes, the BWC will forward the request to the worker's employer and review their medical file. At times, the BWC will call for a medical examination. The most important thing is to include all necessary supporting documentation when filing for an increase.
What Happens After Filing an Objection?
After filing an objection, the matter will be heard by the Industrial Commission of Ohio (IC), who will make a final decision based on the medical evidence they receive. The decision made by the IC is final and cannot be appealed. They'll either decide to increase, decrease, or agree with the previous PPD rating awarded.