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Ohio offers both permanent partial disability (a benefit similar to a pain and suffering award) and full and final settlements of claims.
Ohio considers the impact of your injury on future wages as well as future medical expenses when determining justified workers’ comp settlements. It’s also important that an Ohio Bureau of Workers’ Compensation-approved doctor verifies that your workplace accident caused the injury and that every body part involved in the injury is accurately documented.
Ohio has a category of disability known as “permanent partial disability,” which can compensate you for a portion of lost wages resulting from your injury. A permanent partial disability also extends the life of your claim another five years. The same thing happens every time a medical bill or wage benefit is paid, making it possible to receive compensation for life if needed.
It’s important to be sure to receive and pay for medical care every six to 12 months to ensure that your claim does not close due to a statute of limitations.
In Ohio, the severity of an injury is determined by the percentage of normal, healthy functionality that your body has lost due to the injury. This is called a permanent partial disability award. This percentage, in turn, impacts the equivalent of a “pain and suffering” allowance available by Ohio law.
What might this look like in real life? Say a workplace injury costs you 20% of your body’s functionality. You still have 80% of your pre-accident ability, but that permanently lost 20% will have a contributing role in calculating your compensation, in addition to compensation related to pre-injury wages.
Longer recovery times will require more time away from work and more medical treatments and, therefore, tend to have a greater settlement value. For example, the value of settling someone who has a badly herniated disk is going to be greater than the value of settling someone with a back sprain.
There are certain percentage caps on lost wages that can be recovered under Ohio law. Caps also exist for total loss of use of a body part or amputation. But when it comes to settlement, there is no maximum on a case by case basis.
If you have a pre-existing condition, it’s a good idea to speak with an attorney about your case before filing. It’s important for an approved doctor and yourself to confirm the pre-existing condition as distinct from the injury so that you can receive appropriate compensation.
Making this distinction clear medically will substantially help your settlement value.
If you and your doctor feel it is in your best interest, you can apply to the Ohio Bureau of Workers’ Compensation for a final settlement of your claim. The value of this claim is based on future medical care and wage benefits.
Most all claims have a settlement value, but if five years go by without payment of wage or medical benefits the claim will close automatically. Don’t let this happen. An experienced attorney will help you maximize your settlement value.
I began practicing workers comp law in 1992 and have over 30 years working exclusively with workers’ compensation cases. I have seen virtually every possible scenario unfold in claims, workplace injuries, and the application and appeal process.
I make it a point to answer all client questions, put 100% effort into each case, and have worked hard to build a process to ensure maximum compensation for my clients.
For more information on How Much A Workers’ Compensation Case Is Worth, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (513) 450-4405 today.