When relocating, businesses consider many factors, including workers’ comp premiums

Punter’s benefits award overturns longstanding precept

We’ve covered workers’ comp issues in the NFL before, most recently in a piece last month, but the main issue before has been players who file for workers’ comp benefits in the state where they were injured rather than in team’s home state. They do so because the “away-state” offers better benefits than the “home-state.”

Now another issue has arisen, in the case of a former punter for the Washington Redskins. A recent court decision has upended 30 years’ of NFL and legal tradition.

According to a March 10 press release, “Former Washington Redskins punter Thomas Tupa, who suffered a career-ending back injury while warming up for a preseason game in 2005, is eligible to receive workers’ compensation under Maryland law, the state’s court ruled Feb. 28, 2011. Attorneys Benjamin T. Boscolo and Gerry Herz of ChasenBoscolo Injury Lawyers represented Tupa in this landmark case. (No. 09-1839, Pro Football Inc. v. Thomas Tupa, Maryland Court of Special Appeals).

” ‘For almost 30 years, the Court ruled injuries suffered by NFL players were not accidental injuries, stating professional football players were not entitled to receive workers’ compensation benefits because they assumed the risk of such injuries,’ said Boscolo, who has been handling the firm’s sports-related cases since 2000. ‘The Court’s recent decision overturned this longstanding precedent as being contrary to the very purpose of the Maryland Workers’ Compensation Act.’ ”

Venue of game re-appeared, as side issue

The other issue, that is, where games are played, did arise during the process, as the case bounced from commission hearings to county court to appellate court. According to a March 5 article in the Washington Examiner:

Tupa in 2007 originally filed a claim with the Maryland Workers’ Compensation Commission requesting benefits, the documents state. The Redskins were ordered by the commission to pay partial disability as well as medical expenses.

When the team appealed the decision, court documents show that the NFL team argued that Maryland didn’t have the jurisdiction to award Tupa workers’ compensation because he was hired to play in Virginia, where the team’s headquarters and practice field are located.

But the appeals court was not swayed, pointing out that game days are in Maryland: “It is clear that the purpose of Tupa’s employment was to play in games, not to practice.”

Appellate court agreed with county court

A March 10 post at a trade Web site, Injury Board says that “Tupa claimed to have hurt his back warming up at FedEx Field in 2005. The Maryland Court of Appeals upheld a 2009 Prince George’s County Circuit Court jury’s award to Tupa, who says he injured his lower back before a Redskins preseason game at the team’s Landover stadium. Pro-Football Inc., the corporation that operates the Washington Redskins, appealed the jury award by arguing that there’s no connection between Tupa’s 2005 injury and any ongoing disability he still claims.

“Tupa has not played football since hurting his back; the punter has testified that he still needs back surgery. “It is undisputed that he is physically unable to punt in the NFL,” the appeals court wrote. Court records state that the Prince George’s County jury awarded Tupa just over a year’s worth of disability benefits.”

I have a sneaking feeling that all these workers’ comp issues will be addressed in whatever agreement finally ensues from the current battle between the NFL owners and players.

Back to the regular world…

Rhode Island AG fights to rein in workers’ comp premiums

All states and local governments compete for new business, in one way or another. Most want growth–even if their natural resources can’t sustain it–and all need revenue. An undeniable factor in the mix for businesses choosing to relocate is a given state’s cost of workers’ comp premiums.

The Great Recession has affected not only the disability network but also workers’ comp.

We posted the following in September 2010: “In the Northeast, workers comp issues are making headlines via reduced claims in Rhode Island and price hikes in New York, while an unrelated study suggests that impairment ratings for injured workers are often wrong, most often erring on the side of the patient. On one hand, the company that performed the study has a history of similar findings; on the other, the cumulative effect could be bad news for both employees and employers.”

A March 11 post at Insurance Journal says, “Rhode Island Attorney General Peter F. Kilmartin said he opposed a 3.9 percent workers’ comp rate hike being sought by the National Council on Compensation Insurance (NCCI) for the state.

“NCCI’s calculations call for a 3.9 percent increase for advisory loss costs for workers’ compensation insurance. But Kilmartin says that an analysis and an independent actuarial study, the rate hike should be rejected. Kilmartin’s office submitted an alternative calculation that calls for an overall increase of 0.6 percent.”

About a week earlier, Business Insurance posted, “Among other problems, the attorney general said Wednesday that the Boca Raton, Fla.-based workers comp rating organization applied an excessive medical trend factor to arrive at its suggested loss-cost rate increase.

“Instead, Mr. Kilmartin said, a 0.6% rate decrease is in order for Rhode Island businesses.”

Vermont workers’ compensation was established by the Vermont legislature in 1915. In its current form it provides workers who are injured on the job medical benefits, lost wage compensation, and death benefits to the surviving beneficiaries of a deceased worker who dies from their work injuries.

Vermont workers’ compensation or workman’s comp has eliminated the right of workers, in most work injury cases, to file a personal injury claim against their employer. Work comp instead, requires the employer to provide no-fault insurance to the employee. Workers’ compensation can benefit both the employee, who receives immediate benefits, and the employer, who avoids a lengthy court battle.

Workers compensation in Vermont is offered to over 350,000 workers and is administered by the Vermont Department of Labor.

Hiring a Vermont Workers’ Compensation Lawyer

Vermont workers who are injured at work have the option to file a workers’ compensation claim on their own or seek legal work comp assistance from a Vermont Workers’ compensation attorney. Some Vermont workman’s comp claims can be completed easily, without legal help, while employees who have a more complicated claim or one which involves a serious or permanent work injury may need to contact a Vermont employment lawyer.

Vermont employers or the insurance companies will have worker comp attorneys working for them and may be less interested in ensuring you get the compensation you deserve and more concerned with closing your Vermont workman’s claim as soon as possible.

Vermont Work Injuries Covered Under Workers’ Compensation

Most common Vermont workplace injuries are covered by work comp insurance if they occurred while the employer was performing their normal job functions and they were at work. Work injuries in Vermont which were caused by an employee’s intoxication, blatant disregard of safety procedures, intentional actions meant to injure or while the employee was travelling to or from work may not be covered by Vermont workman’s compensation.

Some of the most common types of Vermont workplace injuries and occupational illnesses can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease Cancer
• General Anxiety Disorder

Vermont Workers’ Compensation Benefits

Vermont workman’s compensation can include a variety of benefits which are given to the injured worker including: medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), vocational rehabilitation and death benefits to surviving dependents.

• Medical Benefits
Medical benefits should be provided to the injured employee at no cost. Medical services can include everything that is deemed reasonable and necessary to help the injured employee recover including: paid doctor’s visits, nursing services, hospitalizations, medical supplies, laboratory services, and paid medications.
The Vermont employee also has the right to choose their own treating physician.

• Temporary Total Disability Benefits (TTD)
Temporary total disability benefits (TTD) are paid to Vermont employees who have been injured at work and are unable to temporarily return to work. TTD benefits are paid to the injured employee if they miss more than 3 full calendar days of work or if they are restricted to part-time employment for more than seven calendar days.
The workers compensation will be approximately 2/3 of their average weekly wage and an additional $10.00 supplement for each additional child.

• Temporary Partial Disability Benefits (TPD)
Temporary partial disability benefits (TPD) are paid to injured workers who are able to return to work but who, due to their work injury, are limited to reduced or part-time work and unable to make the same pay they could make prior to their Vermont work injury.
TPD benefits are generally paid at 2/3 of the worker’s average weekly wages which were earned over the 12 or 26 weeks prior to their Vermont workplace injury.

• Permanent Partial Disability Benefits (PPD)
Permanent partial disability benefits (PPD) may be paid to workers who have been injured at work and who may be able to return to work but who have permanent partial disabilities. The degree of the worker’s permanent injury is determined by a physician and expressed as a percentage figure for a particular part of the worker’s body, according to standards outlined in the American Medical Association Guides to the Rating of Permanent Impairment, Fifth Edition, known as the “AMA Guides”.
PPD payments will be paid according to the percentage of the disability which will entitle the Vermont worker to a certain number of weeks of Vermont workman’s compensation benefits. Under some conditions, the Vermont PPD benefits may be paid in a lump sum payment.

• Permanent Total Disability Benefits (PTD)
Permanent total disability benefits (PTD) are paid to workers who have been injured on the job and are unable to perform gainful employment due to their residual work injuries.
According to Vermont Workers’ Compensation Law Section 645(a) of the Act the amount payable for PTD indemnity is specified as follows “the employer shall pay to the injured employee sixty-six and two-thirds percent of the employee’s average weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum weekly compensation rates, for the duration of the employee’s permanent total disability, but in no event shall the employee receive benefits for less than three hundred and thirty weeks”.

• Vocational Rehabilitation

Vocational rehabilitation training can provide valuable guidance and training to injured employees who are unable to return to their previous job due to residual impairments. The goal of vocational rehabilitation is to help the worker find suitable work given their current physical or mental limitations.

Vermont vocational rehabilitation benefits are not provided to all injured Vermont workers. Vocational rehabilitation may be offered to the employee if they have been disabled and unable to work for 90 days or more or they have been identified as not able to return to suitable work.

Vocational rehabilitation can vary by state, but in Vermont it begins with a review by a vocational rehabilitation counselor who meets with the worker and evaluates their work history and medical status. Next the vocational rehabilitation counselor helps the employee establish a vocational plan which is basically a series of steps that can help the employee return to work including: job evaluation, job modification, educational requirements, and job options.

• Death Benefits

Death benefits may be paid to the surviving spouse and dependent children of a Vermont worker who has died from their work injury or occupational illness. Death benefits may be paid until the spouse reaches 62 years of age, is eligible for Social Security benefits or remarries.
Burial expenses may also be paid up to $5,500 and expenses for out of state travel of the decedent to the place of burial can be paid up to $1,000.

PBS special and an ASSE book recount disaster that drew attention to workplace safety

You don’t have to know what a shirtwaist is (see the link at the end) to be interested in the 100-year anniversary of a tragic fire in New York that is said to have helped drive the beginnings of the mandatory workers’ comp system in the United States.

1911 fire killed 146 workers

According to a post at Business Insurance, “The PBS American Experience documentary on the Triangle [Shirt]Waist Factory fire that killed 146 people, mostly young immigrant women, is well worth watching, a spokeswoman for a comp insurer tells me.

“The 1911 fire is credited with being among the forces that helped launch mandatory workers compensation systems in the United States. This year marks the 100th anniversary of the fire and the birth of U.S. work comp systems.”

‘Deadliest workplace accident in New York’s history’

According to this PBS: American Experience page, “It was the deadliest workplace accident in New York City’s history. On March 25th, 1911, a deadly fire broke out in the Triangle Shirtwaist Factory in New York’s Greenwich Village. The blaze ripped through the congested loft as petrified workers–mostly young immigrant women–desperately tried to make their way downstairs. By the time the fire burned itself out, 146 people were dead. All but 17 of the dead were women and nearly half were teenagers.”

13-hour workdays, at 13 cents an hour

Not only were most of the workers immigrants but so were the owners, who paid workers 13 cents an hour–for a 13-hour workday–while they lived in luxury. “Two men who had achieved the dream were the wealthy owners of the thriving Triangle [Shirtwaist] factory. Isaac Harris and Max Blanck, immigrants who had arrived from Russia only 20 years earlier, had become known as New York’s ‘Shirtwaist Kings,’ and each owned fully staffed brownstones on Manhattan’s Upper West Side.”

Some condition improved–but not enough

After “what became the largest women’s strike in American history” and gaining support from wealthy grand dames of society such as “Anne Morgan, the daughter of J.P. Morgan,” the owners relented–somewhat:

After the strike had continued for 11 weeks, the Triangle owners finally agreed to higher wages and shorter hours. But they drew the line at a union. Back on the job, the Triangle workers still lacked real power to improve the worst conditions of the factory floor: inadequate ventilation, lack of safety precautions and fire drills–and locked doors.

When a tossed match or lit cigarette ignited a fire on the eighth floor of the building, flames spread quickly. Blanck and Harris received warning by phone and escaped, but the 240 workers on the ninth floor continued stitching, oblivious to the flames gathering force on the floor below. When they finally did see the smoke, the women panicked. Some rushed toward the open stairwell, but columns of flames already blocked their path.

A few workers managed to cram onto the elevator while others ran down an inadequate fire escape, which crumbled under the weight, crashing to the ground almost 100 feet below. The only remaining exit was a door that had been locked to prevent theft. The key was tucked into the pocket of the foreman, who listened to the women’s cries for help from the street. Hundreds of horrified onlookers arrived just in time to see young men and women jumping from the windows, framed by flames.

Immense public reaction

The next thing to ignite was public opinion: “The ensuing public outrage forced government action. Within three years, more than 36 new state laws had passed regulating fire safety and the quality of workplace conditions. The landmark legislation gave New Yorkers the most comprehensive workplace safety laws in the country and became a model for the nation.”

Follow-up resources

If you’re interested, be alert to your local PBS schedule for the next broadcast, or you can order the DVD here.

There’s also an interesting 100-year timeline of significant workplace events here assembled by the same people, the American Society of Safety Engineers, who produced this book, entitled “Triangle: The fire That Changed America.”

Oh, and a “shirtwaist”? That’s explained here.

CWIC report contains troubling implications for rest of the nation

Some injured workers in California–and perhaps nationwide–may be over-prescribed with powerful painkillers, according to a new study by the California Workers’ Compensation Institute.  And, apparently, a relative few doctors account for the bulk of the prescriptions. The March 7 report, “Prescribing Patterns of Schedule II Opioids in California Workers’ Compensation”  can be downloaded at this page on the CWCI site.

“3 per cent of doctors’ write more than half the scrips

According to a March 11 article in the San Francisco Chronicle, “Just 3 percent of doctors who treat workers’ compensation patients in California are responsible for writing more than half the prescriptions for the most potent and addictive pain medications, a study released this week said.

“Those doctors ordered such drugs as morphine and oxycodone in higher doses than other workers’ comp doctors and prescribed the medications for minor back pain or other conditions that may not have required such strong treatment, according to the study . . . .”

‘Minor back injury claims’ account for ‘nearly half of the prescriptions’

Reporting that “nearly half of the prescriptions are for minor back injury claims,” a March 11 Claims Journal piece goes on to say  that the study “indicates that 3 percent of the prescribing physicians accounted for 55 percent of all Schedule II prescriptions, 62 percent of all morphine equivalents and 65 percent of all associated payments in the study sample. Furthermore, the top 10 percent of injured workers receiving Schedule II morphine equivalents obtained their prescriptions from an average of 3.3 different physicians, compared to an average of 1.9 doctors for all claims.

“The average levels of morphine equivalents per claim are consistent with an increased risk for overdose and addiction, CWCI said.”

National report finds ’15.1 million Americans’ reporting abuse of prescription drugs

In the Background portion of the study itself, the following passage lays out some of the national implications:

A recent report by the National Center on Addiction and Substance Abuse at Columbia University found that 15.1 million Americans, more than 6 percent of this country’s adult population, admit to abusing prescription drugs — more than all other forms of drug abuse combined. Furthermore, the study noted that between 1998 and 2008, hospitals nationwide reported a 400 percent increase in admissions related to prescription narcotic abuse and a 200 percent increase in prescription narcotic deaths. While the use of all prescription medications rose 61 percent during that time, the use of Schedule II opioids, which include Oxycodone, Fentanyl Citrate, Morphine, Methadone, Hydromorphone and Oxymorphone, increased by 380 percent. In addition, a 2011 report by the Center for Disease Control and Prevention noted that in 2007, drug-induced deaths had become more common than alcohol-induced or firearm- related deaths in the United States, that the increase in drug abuse and related deaths was associated with “prescription opioid painkillers and psychotherapeutic drugs being prescribed more widely by physicians,” and that these drugs had “supplanted illicit drugs as the leading cause of drug-related overdose deaths.”

Schedule II drugs linked to several problems

Perhaps even more troubling, the study cites “a recent report from The Department of Health and Human Services Office of the Inspector General” that outlines other concerns, along with yet another from the General Accounting Office:

Schedule II drugs have a high potential for abuse, have an accepted medical use with severe restrictions, and may cause severe psychological or physical dependence if abused.” Similarly, a recent General Accounting Office (GAO) analysis found that all of the states that it had observed lacked a comprehensive fraud prevention framework for controlled substances, and recommended that the Centers for Medicare and Medicaid Services (CMS) issue guidance to states for improved oversight of controlled substances in Medicaid. The GAO report also noted additional areas of abuse, including physician-prescribed controlled substances in excess of medical need, and patient sale of the drugs “on the street.” Recently, the increasing supply and demand curve for Schedule II opioids has been associated with the rise of criminal activity at the point of service, as pharmacies have reported a sharp increase in Schedule II opioid related armed robberies.”

Increasing cost of these drugs parallels increased usage

So the problem potentially greatly exceeds the nation’s various workers’ compensation program. But the chief worries from strictly a workers’ comp perspective are considerable. Not only have these drugs rates of prescription increased at an alarming rate since 2005 but also their costs have gone up, contributing significantly to systemic cost increases at a time when states are hard pressed to fulfill public needs.

Overuse can degrade recovery time for injured workers

Perhaps most important is the threat to injured workers themselves:

These results are consistent with Webster’s findings linking a high incidence of opioid use with a greater number of lost-time days for occupational low back pain and add to a growing body of scientific literature suggesting that:

1. at higher levels of use, opioids can adversely impact an injured worker’s activity level and sense of self-efficacy; and
2. prolonged administration of narcotic pain medications may impede, rather than facilitate, an injured worker’s recovery from occupational back injuries.

Increased litigation also a possibility

Then, of course, there’s always the threat of lawsuits: an injured worker who learns pain killers made an injury worse just may be a an injured worker who turns to litigation. Potentially it’s a spiral of loss, with an injured worker not working, the system paying for ever more costly drugs that are making the injury worse, plus the worker’s not getting better. It’s certainly something to watch and be aware of.

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Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Filing a claim

West Virginia workers’ compensation provides wage loss compensation and medical benefits to West Virginia workers who are injured while they are engaged in their normal job functions. West Virginia workman’s compensation laws have eliminated the right for the worker to file a personal injury claim (some exceptions exist) and instead force the employer to provide immediate no-fault insurance coverage to the injured employee.

Many consider this a compromise for the worker and the employer. The worker may forfeit some compensation they could have won if they had filed a West Virginia personal injury claim, but they avoid a protracted legal battle. The employer also avoids a lengthy contentious legal battle and does not have to prove they were not for the employee’s West Virginia work injury.

Workers’ compensation is administered by the West Virginia Insurance Commission whose mission is to “serve West Virginia workers and employers when employees are injured on the job”.

Hiring a West Virginia Workers’ Compensation Lawyer

Do you have to hire a West Virginia Workers Compensation lawyer if you have been injured in a West Virginia workplace injury? No, many West Virginia workers who are injured are able to file their work comp claim without legal assistance, but if you are seriously or permanently injured, if you have been denied West Virginia work comp insurance or if you have questions about your West Virginia work comp claim a West Virginia work lawyer can help.

Work compensation can be complicated and state laws vary. Unfortunately, many employers may be less concerned with ensuring you receive the West Virginia work comp benefits you deserve and more concerned with closing the case. Contact a Work comp lawyer to ensure you get the benefits you deserve.
Work Injuries Covered Under West Virginia Workers’ Compensation Law.
West Virginia work injuries are covered under work comp laws regardless of who is at-fault. West Virginia workplace injuries may be caused by a one-time workplace accident or they can arise from the repetitive stresses of a job or exposure to a toxic or dangerous substance at work.

Some of the most common types of West Virginia workplace injuries and occupational illnesses can include:
• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease Cancer
• General Anxiety Disorder

Not all West Virginia work comp injuries are covered under work comp law. Work injuries which are caused by the intentional actions to injure, while a worker is intoxicated, travelling to or from work, flagrantly disregarding safety precautions or not engaged in their employment may not be covered.

If you have been denied work comp benefits in West Virginia, contact an employment lawyer.
West Virginia worker’s compensation has changed in the last several years following a series of administrative issues and budgetary constraints. The information provided on this page is general in nature, is subject to change and should not be considered legal advice. For more information contact the West Virginia Workers’ Compensation Commission.

West Virginia Worker’s Compensation Benefits
West Virginia workers’ compensation benefits may include paid medical care, temporary total disability benefits (TTD), permanent total disability benefits (PTD), permanent partial disability benefits (PPD), vocational rehabilitation benefits and death benefits for surviving beneficiaries.

• Medical benefits

Medical benefits are provided to West Virginia employees who are injured at work. Medical benefits can include all medical services which are deemed reasonable and necessary to help the injured employee recover from their work injury.

Common medical benefits can include: paid doctor’s visits, hospitalizations, nursing services, laboratory services, medical supplies and paid medications. Medical benefits are provided without time or monetary limitations.

Unlike many other states, the employees of the state of West Virginia have the option to choose their own treating physician.
• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to West Virginia employees who are injured at work and cannot return to their job due to their work injuries. TTD benefits are paid at 66 2/3 of the injured West Virginia weekly wages for a maximum of 104 weeks. TTD benefit payments are also subject to minimums and maximums established under West Virginia work comp law.
• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to injured West Virginia workers who are permanently and totally disabled and unable to perform any type of substantial work. PTD benefits are paid at 66 2/3 of the worker’s wage. West Virginia minimum and maximum payment amounts apply.
PTD benefits are paid for the length of the permanent disability or until the West Virginia employee is 65 years of age.
• Permanent Partial Disability Benefits (PPD)

PPD benefits are paid to West Virginia workers who are injured at work, have reached their maximum medical improvement level but they continue to have partial and permanent residual work injuries.

Permanent partial disability benefits (PPD) are paid at 66 2/3 of the worker’s wage (minimum $173.33, maximum $350.67). Permanent partial injuries can be scheduled or non-scheduled. Non-scheduled work injuries can be paid up to 336 weeks, but there is no maximum amount paid. The amount of PPD payments made is based on a percentage of permanent total disability.
• Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are provided for workers who have been injured at work and who are unable to return to their previous job due to residual work injuries. Vocational rehabilitation services vary by state but can include a variety of vocational services such as: job re-training, job assessment, job modification and job counseling.

• Death Benefits

Death benefits are paid to the surviving spouse and children of a West Virginia employee who dies from a work injury or occupational illness. Death benefits can include wage loss compensation which is a percentage of the deceased worker’s wage and paid burial expenses up to a maximum amount established by West Virginia state law.

Virginia workers’ compensation or work comp is a no-fault insurance policy provided by Virginia employers and offered to Virginia employees if they are injured at work or suffer an occupational illness.

Work compensation eliminates the need for workers to file a personal injury claim against their employer and instead offers medical benefits, wage loss compensation, survivor benefits (if the employee is killed from their work injury) and vocational rehabilitation.

Virginia work comp benefits are offered by the employer to the employee without the employee proving the employer’s negligent actions caused their Virginia work injury and without cost to the employee. The monetary and medical benefits accepted by the employee may be less than they would have won if they could have filed a personal injury claim, but both the employee and the employer avoid a lengthy court battle.

Virginia workers’ compensation is administered by the Virginia Workers’ Compensation Commission, which attempts to complete their mission by “providing public services by ethically administering their statutory duties and being responsive to the diverse needs of their customers”.

Hiring a Virginia Work Compensation Lawyer

Virginia workers’ comp lawyers have helped thousands of claimants get the benefits they deserved after a workers’ compensation claim. Many employees will not need an employment lawyer, especially if their work injuries are minor, but if a worker has a permanent or serious Virginia work injury, legal assistance is a must.

Virginia employers, who hire their own worker’s compensation lawyers, may or may not be concerned with providing the best medical care and compensation needs for their employees. They may want to simply close the case and settle the Virginia workers’ compensation claim as for as little money as possible.

Virginia Work Injuries Covered Under Virginia Workers’ Compensation

Most Virginia work injuries are covered by workers’ compensation if they occur during a work-related function, if they are caused by a specific work task or they occur at a specific time. Occupational diseases may be covered if it is caused by work (there may be limitations on the body parts covered).

Virginia work injury compensation pays benefits for a variety of work injuries and occupational diseases including the following:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease Cancer
• General Anxiety Disorder

Work injuries may not be covered if the employee intentionally injures themselves or others, was travelling to or from, or was intoxicated at the time of the work injury. Contact a Virginia work injury lawyer if you have been denied Virginia work injury compensation.

Virginia Workers’ Compensation Benefits

Virginia employers most provide most workers who are injured on the job with medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits and vocational rehabilitation.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are provided to Virginia workers who are injured at work and temporarily unable to perform any type of work. TTD benefits are paid at 2/3 of his or her gross average weekly wage (subject to the state’s maximum allowable amount).
TTD benefits are not paid for the first 7 days of missed employment, but if the worker is disabled for more than 3 weeks they may be entitled to receive compensation for the first 7 days of missed work.
TTD benefits can be paid for a maximum of 500 days before the person is considered totally and permanently disabled.

• Temporary Partial Disability Benefits (TPD)
Virginia workers who are injured and able to return to work but who are unable, due to their work injury, make the same wage as they earned prior to their work injury can receive TPD benefits.
TPD benefits are paid at 2/3 of the difference between their current wage and the wage they made prior to the work injury, up to the maximum allowed by the state.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) are paid to employees who are injured and have suffered a permanent partial loss such as a loss of arm, leg or eye. PPD benefits are designated based on a schedule indicating the number of weeks for each body part and the percentage of the loss.
PPD benefits can be paid to employees who are working after they have reached their maximum medical improvement.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to injured workers who are totally injured and unable to perform any type of work. PTD benefits are paid at 66 2/3% of the worker’s wage (up to the state’s minimum and maximum amounts).

PTD benefits are paid for the duration of the disability or until the workers is 65 years of age (or whichever occurs first).

• Medical Benefits

Medical expenses are paid for injured employees provided they file their claim within the specified time period. Medical benefits include payment for all necessary and reasonable medical expenses including: hospitalizations, nursing services, doctor’s visits, medical supplies, prescribed medication and laboratory services.
Virginia work comp law allows the employee to choose a doctor from a panel of three doctors provided to them by their employer or insurance carrier. The treating physician cannot be changed after treatment is initiated without the approval of the employer or a hearing decision by the Commission.
Employees who fail to follow the required medical treatment may have their Virginia workers’ compensation benefits suspended.

• Death Benefits

Death benefits may be paid to the beneficiaries of a deceased Virginia worker who dies from their work injury. Death benefits are paid to the surviving spouse and children who are under the age of 18 or 23 years of age if they are enrolled in an educational institution.
Death benefits include wage loss compensation which is a percentage of the worker’s wages and burial expenses, not to exceed $10,000.

• Vocational Rehabilitation Benefits

Vocational rehabilitation benefits may be offered to injured employees who are unable to return to work. Vocational rehabilitation services vary by state but can include job counseling, job modification, or job retraining.

Claimants must notify their employer immediately if they are injured. If a claimant has an occupational disease they must file their workers’ compensation claim within 2 years from the date their treating physician notifies them it is work-related or 5 years from the time the worker was exposed to the work environment which caused the worker to become ill.

The state of Washington provides workers’ compensation or workman’s compensation benefits to workers who have been injured at work while they are performing their job duties. Workman’s compensation benefits can include paid medical care for expenses related to the Washington work injury, lost wage compensation, vocational rehabilitation and survivor’s benefits (if the worker dies as a result of their work injury or occupational illness).

Work compensation in Washington has eliminated the right of the worker to file a personal injury claim (in most conditions) and instead provides immediate benefits. This is considered a trade-off for the worker, who may forfeit some compensation, but who does not have to waste time and money filing a personal injury claim. Washington workers’ compensation can also benefit the employer, who is now required to pay for the no-fault insurance for each employee, but who avoids a protracted legal battle and does not have to prove it was not their negligence which caused the Washington work injury.

Workers compensation was implemented in the state of Washington in 1911. Washington’s industrial insurance system, state government, (through the Department of Labor and Industries (DL&I)), is both the administrator and the insurer of the Washington workers’ compensation system.

Hiring a Washington Workers’ Compensation Lawyer

Washington work injury lawyers have helped thousands of claimants get the benefits they need to return to work. Many injured workers can settle their Washington work comp claims without legal help, but if your work injury is serious or has caused permanent injury, or if you have been injured by a third party or product, you may need legal help.

Work comp laws in Washington vary from other state’s laws, and workers are not required to hire a work comp attorney to file their claim. Workers can apply for work comp and navigate the entire process on their own, but keep in mind that employers and their insurance companies will have their own work comp lawyers working for them.
Washington work comp attorneys understand how to navigate the system and can ensure you get the benefits you deserve.

Work Injuries Covered Under Workers’ Compensation

Most work injuries which occur while a worker is engaged in normal business activities are covered under Washington work comp laws. There may be exceptions if the worker was intoxicated when they were injured, was attempting to injure themselves or another person, was travelling to or from work or they flagrantly disregarded a standard safety procedure.

Common Washington workplace injuries or occupational illnesses which may be covered by workers’ compensation can include:

• Work injuries caused by specific falling or lifting.
• Work injuries caused by repetitive stress of the job.
• Pre-existing work injuries which are aggravated by the job.
• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease
• General Anxiety Disorder

Washington Worker’s Compensation Benefits

Washington work comp benefits can include paid medical care, time loss compensation, temporary partial disability benefits (TPD), permanent total disability benefits (PTD), survivor benefits, and vocational rehabilitation benefits. More information about each benefit is listed below:

• Medical benefits

Medical benefits are given to Washington employees who suffer a work injury. Medical benefits are provided for all necessary and reasonable medical care and can include: hospital, surgical, doctor, pharmacy and other health care services. Medical services can also include medical supplies and prescribed medication.

Washington workers’ compensation will pay medical bills until the worker reaches their maximum medical recovery. Unlike many other states, Washington employees have the option to make their own choice for their treating physician.
• Time Loss Compensation

Time loss or wage loss compensation may be provided to Washington employees who are injured and unable to return to work. The first 3 days of missed work are not compensated, unless the worker misses a total of 14 days. This period is considered the “healing period”.
Time loss compensation is paid every 2 weeks until the treating physician releases the worker to return to work. Time loss compensation is paid at 60-75% of the worker’s total wages, up to the maximum outlined under Washington workers’ compensation law.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits may be paid to workers who have been injured at work and are able to return to work but because of their work injury they must work a modified work schedule. If a worker is unable to make the wages they could make prior to their work injury they may qualify for TPD benefits.

• Vocational Rehabilitation

Vocational rehabilitation services may be offered to Washington employees who are injured and unable to return to their job. Vocational rehabilitation services may vary by state but generally include: job assessments, counselor assistance and re-training to help the employee re-enter the workforce.
The goal of vocational rehabilitation benefits is to help the worker return to full employment as soon as possible. Vocational rehabilitation is provided in Washington for up to 52 weeks with a maximum benefit of $4,000.

• Permanent Total and Partial Disabilities Benefits

Permanent total disability benefits (PTD) are paid to workers who are injured at work and who suffer a work injury or occupational illness which is so severe that they are unable to return to any type of employment.

PTD benefits are calculated based on a percentage of the worker’s wage (generally 60-75% and subject to the state’s minimum and maximum allowable amounts). Other factors included in the calculation are the number of dependents and whether the worker is married.

PTD benefits can be paid for the duration of the worker’s life but can be offset if the worker receives Social Security Disability benefits.
Permanent partial disability benefits (PPD) are paid to workers who suffer some type of permanent loss and may be able to return to work. Loss of an arm, leg, fingers or toes may qualify a worker for PPD benefits. The insurance company will calculate the benefit based on the percentage of the physical impairment.

• Survivor Benefits

Survivor benefits are paid to the beneficiaries of the deceased spouse. Immediate benefits may include compensation of 100% of the deceased employee’s average monthly wage and burial expenses up to 200% of the average monthly wage.

The spouse may also get monthly payments that are equal to the deceased worker’s wage replacement amount. The spouse may lose benefits if they remarry but may be entitled to a final lump sum benefit payment.

Children, who are under 18 or 23 if they are attending school, are also eligible for survivor benefits.

Oklahoma work compensation is a no-fault, fixed, monetary insurance benefits which is provided to Oklahoma employees free of charge. Oklahoma workers’ compensation or workman’s compensation provides wage loss compensation, medical benefits, death benefits and vocational rehabilitation services to employees who have been injured performing their work duties.

Work comp in Oklahoma eliminates the need for the employee to file a personal injury claim against their employer and prove their employer’s negligence contributed to their workplace injury. Workman’s compensation in Oklahoma is considered a trade-off for the employee who sacrifices some of the monetary benefit they may have received if they had won a personal injury claim.

Workers’ compensation in Oklahoma is administered by the Oklahoma Workers’ Compensation Court which has been given the jurisdiction and the authority to “determine claims for compensation, the liability of employers and insurers, and any rights asserted under the Workers’ Compensation Act”.

Hiring an Oklahoma Workers’ Compensation Lawyer

Oklahoma workers’ compensation lawyers can help make sure you or your family receives the workers’ compensation or workman’s compensation you are due. Whether you are coping with a serious work injury or your family is dealing with the sudden death of a loved one, it may be difficult to navigate the Oklahoma workers’ compensation statutes on your own.

If you have just been injured or you are struggling through long delays or a workman’s comp appeal, an Oklahoma work comp attorney can help. Oklahoma employment lawyers understand Oklahoma work comp laws and can explain your rights and ensure all of the correct procedures are followed to help you get the work comp benefits you deserve.

Work Injuries Covered Under Oklahoma Workers’ Compensation
Workers comp insurance pays for most work injuries and occupational illnesses which occur when an employee is engaged in “normal business operations”. Work comp insurance in Oklahoma may not, however, pay for work injuries which are the result of intoxication, intentional actions meant to injure the worker or another employee or injuries which occur while the employee is travelling to and from work

Common Oklahoma workplace injuries which may be covered include:
• Abrasions
• Burns
• Back and neck injuries
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Chronic Obstructive Pulmonary Disease
• Post traumatic stress disorder (PTSD)
• Torn Rotator Cuff
• Concussion
• Asbestos exposure

Oklahoma Workers Compensation Benefits

Oklahoma workers’ compensation provides medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent total disability benefits (PTD), death benefits and vocational rehabilitation benefits. Detailed information for all Oklahoma work comp benefits are listed below.

• Medical Benefits

Medical benefits are provided by Oklahoma employers to all qualifying injured employees. Medical benefits can include surgical care, nurse and hospital services, medical supplies, prescribed medications and laboratory services.

Treating physicians are required to provide the employer with an examination report and proposed treatment options within 7 days from the date of the medical examination. The treating physician must also notify the employer if the injured employee has reached their maximum medical improvement level.

Employees who wish to change their treating physician should talk to their employers. Failure to follow the proper dispute resolution process could result in non-payment of medical benefits. Employees who fail to meet the statutory obligation to seek reasonable and necessary medical care to improve their condition may be disqualified from Oklahoma work comp benefits.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are provided to help injured employees replace their lost wages during the “healing period”. TTD benefits are provided if the employee is loses function or is incapacitated and is unable to work and earn wages.

TTD benefits are not paid until the worker has missed at least 3 days of work. TTD benefits are paid at 70% of the Oklahoma employee’s weekly wage up to the statutory limit of $473 per week. They are generally paid for a total of 156 weeks, but the injured employee may be able to petition the court for an extension of their TTD benefits. The court may extend TTD benefits for up to 300 weeks.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability benefits (TPD) are paid to injured employees who are able to return to work at a reduced work capacity and due to their work injury can not make the same wage. TPD benefits are paid at 70% of the difference between the injured worker’s average weekly wage and the worker’s wage after they are injured and return to work.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) may be paid to employees who have suffered a permanent and partial loss but are able to return to employment. Oklahoma Workers’ Compensation Court defines permanent impairment as “any anatomical abnormality after maximum medical improvement has been achieved which abnormality or loss the physician considers to be capable of being evaluated at the time the rating is made”.

PPD benefit settlements are not made until the injured Oklahoma worker reaches their maximum medical improvement, and employees can not receive PPD and PTD in the same workers’ comp claim
Permanent impairments which are not “scheduled” are made by evaluating the extent of the impairment in accordance with guidelines outlined in the American Medical Association Guide to the Evaluation of Permanent Impairments.

PPD payments are paid at 70% of the worker’s average weekly wage, but for scheduled losses the duration of the PPD payment is determined by the type of loss. For example, if the worker loses their thumb they are entitled to 66 weeks of PPD benefits.

• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to Oklahoma employees who are injured and unable to return to any type of work. Qualifying employees will receive PTD payments in the amount of 70% of the injured employee’s weekly wage.

PTD payments are made until the permanently disabled employee reaches the age where they qualify for 100% of Social Security Retirement or for 15 years, whichever is longer. Under some conditions the injured employee may, by permission of the Oklahoma workers’ compensation court, have their PTD cash benefit converted to a lump sump settlement.

• Vocational Rehabilitation

Vocational rehabilitation may be provided to injured employees who are unable to perform the same occupational duties they could perform prior to their Oklahoma work injury. Vocational rehabilitation services in Oklahoma can include: job placement and job retraining which are provided with the express purpose of helping the employee return to gainful employment.

Oklahoma work compensation laws also allow a work compensation judge to refer the employee to a qualified physician or facility for evaluation to help them receive the necessary training to return to employment.

• Death Benefits

Death benefits are paid to the surviving beneficiaries of Oklahoma workers who have died from their work injury or their occupational illness. Death benefits are paid at 70% of the deceased employee’s average weekly wage and an additional 15% for each child up to 30%.
Surviving spouses may receive a 2 year lump sum payment if they remarry and their death benefits cease. Children may also receive death benefit payments until they reach 18 years of age or 23 years old if the child is a full-time student.

Death benefits may also include payment for burial expenses which currently is limited to $10,000.

North Dakota workers’ compensation is a no-fault insurance plan which must be purchased by North Dakota employers and provided to the majority of North Dakota workers at no charge to the employee.

Workers’ Compensation in North Dakota provides work comp benefits to employees for job related injuries or diseases. North Dakota work comp insurance will also provide death benefits to the surviving beneficiaries of the deceased employee.

North Dakota work comp insurance was created to eliminate the need for an injured North Dakota employee to file a personal injury claim against their employer to receive compensation for their workplace injury. Under North Dakota work comp laws, the employee receives limited wage loss compensation and medical care from the employer. The employer is not admitting fault for the injury but provides the benefits in order to avoid costly legal battles that could ensue from a personal injury claim.

North Dakota maintains a state fund to provide work comp insurance compensation coverage for North Dakota employers in the state. North Dakota’s Work Force Safety and Insurance provides no-fault workers compensation insurance for approximately 300,000 North Dakota employees.

Hiring a North Dakota Workers’ Compensation lawyer

For severe or permanent North Dakota workplace injuries it may be best to contact a North Dakota work comp lawyer. Many North Dakota work injuries are minor and may be able to be resolved without legal assistance, but for complicated work injuries the experience and knowledge of an employment lawyer may ensure you are properly compensated for your North Dakota work injury.

Employers and their insurance companies will have a work comp lawyer working with them to resolve workers’ compensation claims. Talk to a North Dakota employment lawyer for additional information.

Work Injuries covered under North Dakota Workers’ Compensation
Work injuries which occur within the normal scope of an employee’s job are generally covered by workman’s comp insurance. Common work injuries which are usually covered by North Dakota’s work comp law can include:
• Abrasions
• Burns
• Back and neck injuries
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Chronic Obstructive Pulmonary Disease
• Post traumatic stress disorder (PTSD)
• Torn Rotator Cuff
• Concussion
• Asbestos exposure
• General anxiety disorder

Not all North Dakota workplace injuries will qualify for workman’s compensation. Employees who are injured while they are intoxicated, attempting to injure themselves or another employee, disregarding safety regulations or travelling to and from work may find it difficult to qualify for workers’ compensation.

North Dakota Workers’ Compensation Benefits

North Dakota workman’s compensation provides medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits and vocational rehabilitation to injured North Dakota employees.

More information about each benefit is listed below.

• Medical Treatment

Medical treatment which is considered necessary and reasonable to treat a workplace injury is supplied to all qualifying injured employees. Employees may have the ability to choose their own treating physician, unless their employer has a Designated Medical Provider (DMP).

If the employer has a DMP the employee can only choose their own doctor if they have notified their employer of their choice prior to the North Dakota workplace injury. The employee may have the option to request a new treating physician after 60 days of medical treatment.

Employees who require emergency care may be exempt from the above listed requirements. Talk to your North Dakota employer prior to seeking medical treatment.

• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to North Dakota workers who are injured at work and unable to return to any type of employment. TTD benefits are paid after an employee misses 5 or more calendar days of work in a row.

TTD benefits are paid at 66 2/3% of the employee’s gross weekly wage at the time of their workplace injury (state minimum and maximum amounts apply). TTD benefits are paid for the length of the disability or until the North Dakota employee reaches age 65 and is eligible to receive Social Security benefits.

• Temporary Partial Disability Benefits (TPD)

Temporary partial disability (TPD) benefits are paid to North Dakota workers who are injured and able to return to work but their wages are less than they were prior to their North Dakota work injury. TPD benefits are paid at 2/3 the difference between the worker’s current wage and the wages they were able to make prior to their work injury.

TPD benefits may be paid for up to 6 years, but if the worker’s post-injury wage reaches 90% of the gross weekly wage the worker was making prior to their work injury, TPD benefits will cease.

• Permanent Total Disability (PTD)

Permanent total disability (PTD) benefits are paid to North Dakota workers who are injured and unable to work any type of job due to their work injury. PTD benefits are paid at 66 2/3% of their wage (subject to the state’s maximum and minimum wage levels).

PPD payments can be paid until the worker reaches 65 years of age or is eligible to receive Social Security benefits. Employees who lose the function of both of their eyes, legs, feet or arms, who become paralyzed, who suffer third degree burns over 40% of their body or who have severe brain injuries may be considered permanently disabled.

Contact a workman’s compensation attorney in North Dakota for more information about the types of impairments and disabilities which may be considered total and permanent.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability (PPD) benefits may be paid to North Dakota workers who have reached their maximum medical improvement but who have residual partial disabilities.

• Vocational Rehabilitation Services

Vocational rehabilitation services may be provided to qualifying North Dakota employees who are unable to return to their job. Vocational rehabilitation benefits provide a variety of services which can vary by state but generally includes: job counseling, job training, job modification and job assessment for the injured employee.

The goal of vocational rehabilitation services is to help the injured employee return to their previous employment or full-time job which is best suited to their current physical health condition and physical limitations.

• Death Benefits

Death benefits may be paid to the surviving dependents or the spouse of a North Dakota worker who dies from a work injury. Death benefits are paid at 66 2/3% of the deceased employee’s weekly wage (up to 110% of North Dakota’s average weekly wage). Additional payments of $10 per child per week may also be paid.

North Dakota death benefits also include a one time payment of $1,200 to the spouse plus an additional $400 for each dependent child. Death benefits in North Dakota can not be more than $250,000 over the entire life of the work comp claim.

Death benefits also will include payment for burial expenses up to the state’s maximum allowable amount which is currently $6,500.

Most Ohio employers are required to carry Ohio workers’ compensation or workman’s compensation insurance for their employers. Ohio workman’s comp provides injured workers who qualify for coverage medical benefits, wage loss compensation, vocational rehabilitation and death benefits (if the employee dies from their work injury).

Workman’s comp in Ohio was created to help employees who are either temporarily or permanently disabled. Ohio Workers’ comp has eliminated the need for employees to sue their employer for compensation by filing a personal injury claim and instead, allows the worker to recover benefits immediately for their work injury.

The goal of Ohio workman’s compensation is to provide reasonable compensation to all injured employees. Ohio employees give up their right to sue for most work injuries in exchange for limited but immediate medical benefits and wage loss compensation. In exchange, the employer provides work comp benefits to the employer without claiming or accepting any responsibility for the workplace injury.

Hiring an Ohio Workers’ Compensation Lawyer

Ohio workers who have been injured in a workplace injury can file their own Ohio work comp claim or they can hire an Ohio employment lawyer to help. Workers’ compensation claims for minor work injuries may be settled fairly easily, but for severe or permanent injuries it may be a good idea to seek legal help.

Worker comp attorneys in Ohio can also help Ohio workers who have been injured by a third party or who have faced workplace discrimination or harassment as a result of their Ohio workplace injury.
Work Injuries Covered Under Ohio Workers’ Compensation Laws

Most workplace injuries which occur while the employee is engaged in normal work duties are covered under Ohio work comp law. Common workplace injuries can include:
• Bone fractures
• Carpal Tunnel Syndrome
• Hernia
• Torn Rotator Cuff
• Torn Meniscus
• Bulging disc
• Stroke
• Concussion
• Asbestosis exposure
• Post Traumatic Stress Disorder (PTSD)
• Chronic Obstructive Pulmonary Disease Cancer
• General Anxiety Disorder

Ohio workplace injuries which occur while an employee is travelling to and from work, engaged in horseplay, attempting to intentionally injure another employee or who is injured due to intoxication from alcohol or drugs may not be covered.

If you have been denied Ohio workers’ compensation benefits, discuss your workman’s compensation claim with an Ohio work comp lawyer.

Ohio Workers Compensation Benefits
Medical Benefits

All necessary and reasonable medical benefits including payment for doctor’s visits, hospitalizations, prescribed medications, physical therapy and medical supplies are provided to Ohio employees who have been injured at work.
Pursuant to Ohio BWC Rules, an injured employee has the legal right to choose their own health care provider, but it is important to ensure that the doctor is a BWC Certified Provider.
• Temporary Total Disability Benefits (TTD)

Temporary total disability benefits (TTD) are paid to injured employees who miss more than 7 days of work as a result of their Ohio workplace injury. TTD payments are made while the injured worker is unable to work and are paid at 72% of the worker’s full weekly wage for the first 12 weeks they can not work. If the worker is unable to work for 13 weeks or more they are paid 2/3 of their average weekly wage.

TTD benefits can be paid to an Ohio employee if they are 1) unable to work and they have documentation from their treating physician verifying this fact; 2) they have not reached their maximum medical improvement level; and 3) there is not another job provided by their employer that they could work given their current physical limitations.

• Permanent Partial Disability Benefits (PPD)

Permanent partial disability benefits (PPD) are paid to Ohio employees who are injured and have reached their maximum medical improvement level but continue to have permanent impairments.
PTD benefits are not automatic, and it is up to the employee to file for their PPD award.

PPD benefits are calculated based on the American Medical Association’s annual guide and are paid in lump sum payments based on the percentage of the employee’s impairment. Impairment awards are higher if the employee has lost a high degree of flexibility, function, range of motion or is suffering severe pain from their workplace injury.
• Permanent Total Disability Benefits (PTD)

Permanent total disability benefits (PTD) are paid to Ohio employees who suffer a permanent and total disability and are unable to return to work. PTD benefits are paid based as a percentage of the Ohio employee’s average weekly earnings for the 52 weeks prior to their work injury.

Prior to awarding PTD benefits, the Industrial Commission will consider an Ohio employee’s vocational factors including their age, education level, and work history as well as physical, psychological and sociological factors.

Employees who have suffered a permanent loss of both of their eyes, arms, legs, feet and hands may be immediately entitled to permanent total disability payments.

Contact an Ohio workman’s comp lawyer for more information about your work injury. PTD benefits may be paid for the duration of the employee’s life and are offset by Social Security Disability benefits.
• Death Benefits

Death benefits are paid to the surviving beneficiaries (spouses and children) of an Ohio employer who has died from their work injury or occupational illness. Death benefit payments are made to the surviving spouse of the deceased employee from the date of the employee’s death until the spouse dies or they remarry. If the spouse remarries they will receive a death benefit lump sum payment equal to 2 years.

Dependent children may receive death benefit payments until they reach 18 years of age or 25 yeas of age if they are receiving a full-time educational degree.

Death benefits may be paid at the rate of 75% of the deceased worker’s average weekly wage for the 52 weeks prior to the workplace injury (up to an allowable maximum). Death benefits can also include burial benefits which are paid up to the Ohio state’s maximum of $4,000.
• Vocational Rehabilitation Benefits

Vocational rehabilitation services may be offered to employees who have been injured and are unable to return to their previous employment.

Vocational rehabilitation services can vary by state, but in Ohio, the goal of these services is to help the employee prepare for a job, to find a new job and to increase job retention by finding a job that is consistent with an employee’s strengths and physical and mental limitations.