Ohio Permanent Total Disability Attorneys

Serious injuries on the job regularly force people to miss work. But what if the injury is so severe that an employee can never go back to work again? How will they care for their families and make ends meet without a job?

The Ohio workers’ compensation system can cover both short-term and long-term injuries. People who have been injured so severely that their ability to work is damaged for the rest of their lives can seek what’s known as permanent total disability compensation.

However, the workers’ compensation system can be a bureaucratic maze, and without the right help you may end up with far less than you deserve. The workers’ compensation attorneys of Plevin & Gallucci can help you seek the fullest compensation under the law to ease your burden. We have decades of experience helping Ohio workers get what they need when they are hurt on the job.

We have offices across Ohio. If you’ve been seriously injured at work, call us today at 1 (855 4-PLEVIN or contact us online to learn more about what we may be able to do for you.

Why Hire Us for Your Permanent Total Disability Benefits Claim?

At Plevin & Gallucci, we’ve helped Ohio workers apply for and secure PTD benefits for decades. We understand what the Ohio Industrial Commission looks for when reviewing applications, and we know how to respond when an employer or the Bureau of Workers’ Compensation (BWC) pushes back. If your condition keeps you from working, we’ll work to make sure your claim reflects that reality and is backed by everything it needs to move forward.

Here are a few of the reasons why so many injured workers trust us with their disability benefits claims:

• We Know the Ohio PTD Filing Rules: PTD claims, which are filed using the C-92 form, require proof that your condition prevents you from taking any remunerative employment. We handle the paperwork, gather supporting documents, and make sure your case is filed properly with the right office, whether that’s the BWC or a self-insured employer.
• We Help You Secure Medical Evidence: A strong PTD claim needs medical support showing that your condition is permanent and disabling. We work closely with doctors to help ensure your medical reports are complete and address the issues that matter in your case.
• We Prepare You for the Industrial Commission Exam: The Commission may schedule its own medical exam to evaluate your ability to work. We’ll help you prepare so you know what to expect and what to communicate during the evaluation.
• We Anticipate Common Employer Arguments: Employers and their representatives may claim you can still do some type of work or argue that your condition hasn’t reached maximum medical improvement. We prepare counterarguments and medical evidence in advance to help avoid delays and denials.
• We Handle Hearings and Appeals: If your claim is denied or disputed, we’re prepared to argue your case at an Industrial Commission hearing. We present evidence, question witnesses when needed, and make the legal case for your entitlement to PTD.

What is Permanent Total Disability?

Permanent Total Disability (PTD) is a benefit available to injured workers in Ohio who can no longer return to any form of sustained employment. These benefits exist to provide long-term support when an injury or occupational disease has caused irreversible harm. If your condition makes it impossible to perform even light or part-time work, you may qualify for PTD through the Ohio Bureau of Workers’ Compensation (BWC) or your self-insured employer.

PTD is often linked to serious permanent injuries, such as paralysis, amputation, or severe spinal trauma. But many qualifying conditions are less visible, including traumatic brain injuries, chronic pain, or mental health conditions that limit concentration and stamina. It’s not limited to a specific type of worker: eligible claims can arise from warehouse accidents, construction falls, equipment failures, or vehicle collisions that occur on the job.

To receive PTD, the injured worker must prove that their allowed conditions have reached maximum medical improvement and now prevent them from performing any paid work on a sustained basis. This includes part-time and sedentary jobs. The Ohio Industrial Commission considers medical evidence, functional limitations, and non-medical factors such as age, education, and past job experience. These strict rules help determine whether retraining or alternative work is a reasonable possibility.

These benefits are paid for life and offer a steady income stream, often similar to what a worker would have earned through employment. While other benefits may expire or reduce over time, PTD remains in place as long as eligibility continues. The amount is generally based on the worker’s average weekly wage, up to a statewide maximum set each year by the BWC.

Getting approved for PTD can be a challenge. The application requires a detailed medical record, clear proof of permanent impairment, and sometimes testimony at a hearing. Disputes are common, and many applications are contested by employers or reviewed through additional medical exams. Legal help during this stage is often the difference between approval and delay.

The effects of a disabling injury reach far beyond the workplace. PTD offers financial relief when work is no longer an option, and it’s one of the few lifelines available to those permanently affected by their job. In Ohio, the system allows for these claims, but it requires careful preparation and a clear demonstration of need.

Compensation for Permanent Total Disability in Ohio

In Ohio, Permanent Total Disability (PTD) benefits are meant to provide financial support when a work-related injury or illness prevents you from ever returning to any form of gainful employment. These workers’ comp benefits are not automatic: Both the Ohio Bureau of Workers’ Compensation (BWC) and self-insured employers often contest PTD claims, and most applicants are required to appear before the Industrial Commission of Ohio. At this hearing, your medical records, work history, and overall ability to work will be reviewed. Your employer may also hire a defense attorney to argue against your eligibility.

That means someone will be speaking on their behalf. Who will speak for you? You are entitled to have your own legal representation throughout this process. An experienced workers’ comp attorney can help you build a better case, prepare for your exam and hearing, and present the information that’s most critical to your disability claim.

If your PTD claim is approved, wage loss payments can help you maintain financial stability for the rest of your life. These benefits are typically paid on a biweekly basis and continue as long as your eligibility remains. The amount is based on your Average Weekly Wage (AWW) or Full Weekly Wage (FWW), depending on which formula results in the higher amount, up to a maximum set each year by the state.

Permanent Total Disability benefits include:

• Ongoing Wage Replacement: If your claim is approved, you’ll receive biweekly payments for life. The amount is based on your average weekly wage, up to the statewide maximum set by the Ohio BWC. Unlike temporary disability benefits, PTD does not have an end date. Wage loss benefits continue as long as you remain permanently and totally disabled under Ohio workers’ compensation law.
• Medical Coverage for Allowed Conditions: You’ll continue to have the right to request medical care for severe injuries or illnesses approved in your workers’ compensation claim. This includes medications, surgeries, therapies, and other necessary treatments.

In addition:

• Once you’re awarded PTD, you’re not required to participate in vocational rehabilitation or job searches. The system recognizes that your condition prevents all sustained employment.
• If there was a delay between reaching permanent disability and receiving approval, you may be entitled to back pay. This is calculated from the date you became eligible, not the date your claim was approved.
• Your PTD claim may later qualify for annual cost-of-living increases. These adjustments help maintain the value of your workers’ comp benefits over time.

Are You Eligible for Permanent Total Disability Benefits?

Under Ohio law, permanent total disability may be paid when one or both of the following is true:

• The impairment from the injury or occupational disease is severe enough to prevent the employee from holding a steady job using the skills he or she has previously developed, or could have been expected to develop. This means the person is not capable of what the law calls “sustained remunerative employment,” which is essentially working in any capacity;
• The applicant has lost or lost the use of both hands, both arms, both feet, both legs or both eyes, “or any two thereof.” Losing a single limb is not sufficient to collect permanent total disability, though you will likely be eligible for other workers’ compensation benefits.

Why You Should Hire a Workers’ Compensation Lawyer to Help With Your PTD Claim

Permanent Total Disability (PTD) benefits are among the most difficult to secure in the Ohio workers’ compensation system. The application requires strong medical documentation, clear functional limitations, and a detailed explanation of why no type of sustained employment is possible. It’s common for the Bureau of Workers’ Compensation or a self-insured employer to contest these claims, delay exams, or argue that you’re capable of doing some form of light work.

An experienced lawyer can help you avoid these setbacks by preparing your case thoroughly from the beginning. This includes making sure all medical reports support a total work restriction and filing your application with the right documents attached. Legal representation also helps ensure the information in your file matches what the Industrial Commission expects to see when deciding PTD claims.

You may also be scheduled for a medical exam through the Industrial Commission. Your Ohio workers’ compensation lawyer can help you prepare for that exam so you know what to expect and what details should be shared. If you’ve already had an exam and the report doesn’t match your reality, your lawyer can request a second opinion or prepare for a hearing to challenge the result.

Many PTD cases involve disputes about how age, education, and past job experience affect your ability to return to work. A skilled workers’ comp lawyer can explain how these factors apply to your case and help show why retraining or job changes are not realistic. They can also prepare witness testimony and help ensure your voice is heard if your case goes before a hearing officer.

Finally, a workers’ comp lawyer knows how to manage timelines, gather medical evidence, and present your case in a way that avoids unnecessary delays. If your claim is denied, they can file an appeal and continue to fight for the benefits you need. With the right support, you’ll be in a better position to receive a fair result under Ohio law.

Permanent Total Disability Ohio FAQs

Can You Work a Part-Time or Volunteer Job While Receiving PTD Benefits in Ohio?

No. This type of compensation is only available if you’re unable to perform any sustained paid employment. Even unpaid work or minimal tasks can raise questions about your eligibility and may lead to suspension or termination of benefits.

What Happens if Your Condition Gets Worse After You’ve Already Applied for PTD?

If your condition worsens after you’ve applied, you may submit updated medical evidence before your hearing or re-examination. This information can be used to support your workers’ comp claim and demonstrate that your limitations now prevent all forms of employment.

Can You Receive PTD Benefits and Social Security Disability at the Same Time?

Yes, but receiving both may affect the total amount of disability compensation you take home. While PTD and Social Security Disability benefits can be collected together, there may be offsets depending on your total income and federal benefit calculations.

Get Help with Your PTD Workers’ Comp Benefits Today

If your injury or illness has made it impossible to return to work, Permanent Total Disability benefits can offer a lifeline. These workers’ comp payments are meant to replace lost income and provide long-term security for workers who’ve suffered a permanent workplace injury. But the system isn’t easy to deal with. Medical evidence, hearings, and legal technicalities can all affect the outcome, and many claims are denied or delayed without the right support.

At Plevin & Gallucci, we help Ohio workers present strong, complete PTD claims backed by clear documentation and sound legal arguments. We know how to deal with self-insured employers, prepare for Industrial Commission hearings, and respond to challenges that may come up during the review. If you’re thinking about applying or have already run into problems with your claim, we’re here to help. Call us today at 1 (855) 4-PLEVIN or send us a message online to schedule a free consultation. 

---

Contact Us

There is never any cost or obligation to speak with an attorney about your situation. We can listen to the facts of your case and discuss your options with you. Call Plevin & Gallucci today at 1 (855) 4-PLEVIN or contact us online.