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.
- Section 1 What is Permanent Total Disability?
- Section 2 Compensation for Permanent Total Disability in Ohio
- Section 3 Are You Eligible for Permanent Total Disability Benefits?
- Section 4 Why Hire an Attorney?
What is Permanent Total Disability?
Permanent total disability is a benefit you may collect if your workplace injury or illness permanently prevents you from engaging in any employment. This situation could be disastrous for families without assistance.
Permanent total disability results from serious, debilitating injury. Victims are often paralyzed or suffer the loss of multiple limbs; many have severe psychological injuries. The consequences can be catastrophic, creating lifelong complications and causing extensive suffering that no one deserves.
Injuries can be sustained any number of ways, from falling on a construction site to being maimed by a piece of factory equipment, to a serious on-the-job car accident.
Through the Ohio Bureau of Workers’ Compensation, people in this situation can collect income indefinitely to help support them if they are deemed eligible.
Compensation for Permanent Total Disability in Ohio
The state of Ohio often contests claims for permanent total disability and in most cases, people applying for permanent total disability are called to appear before the Industrial Commission of Ohio to determine if they meet the criteria to collect compensation. Your employer may also hire an attorney to represent them through the process. Who is going to be your voice?
You have the right to have an attorney represent you at every step of the workers’ compensation process.
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 a holding 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.
The BWC has 28 days to issue a decision when you apply for compensation. You have the right to appeal a denial, but it must be done within two weeks. Don’t delay, or you may miss a deadline and no longer be eligible.
Why Hire an Attorney?
The Bureau of Workers’ Compensation functions similarly to a health insurance company. Neither your employer nor the BWC are required to make sure you understand the full extent of possible compensation you may seek. Due to the fact that claims are often denied, you should hire an attorney before submitting any application for permanent total disability.
This is an extremely difficult benefit to obtain. Having an attorney on your side could mean the difference between having your future needs paid for or not.
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.