The Ohio Bureau of Workers’ Compensation payment award rates for 2012 have been increased. The OhioBWC pays compensation based on the Full Weekly Wage (FWW) and Average Weekly Wage (AWW) earned by an injured worker for the one (1) year period prior to the the date of injury. Check out the charts for more information.

Once your wages are calculated, the FWW is used to pay Temporary Total Disability Compensation (TTD – the money paid when you are unable to work) for the 1st 12 weeks you cannot work due to your injury at 72% of the FWW.

Thereafter, the AWW is used to calculate the compensation payment amounts for 1) TTD paid week 13 and thereafter; 2) Wage Loss; Permanent Partial Disability; and 4) Permanent Total Disability.

For 2012, the Ohio Bureau of Workers’ Compensation has raised the payment rates.

¹ Rates of compensation are effective each year from January 1 through December 31.

² Wage loss is paid for a maximum of 200 weeks for injuries before August 25, 2006.  For injuries on or after that date, non-working wage loss can only be paid for 52 weeks, and working wage loss can be paid for 200 weeks. Only 26 weeks of non-working wage loss is counted against the 200 weeks which can be paid for working wage loss, meaning that the total maximum of wage loss compensation which can be paid for injuries on or after August 25, 2006 is 226 weeks.

³ The amputation award shows the weekly amount paid to everyone for amputation or loss of use, regardless of average weekly wage.

⁴ The top number is the permanent total maximum when the injured worker is not also receiving Social Security disability.  If the injured worker is receiving Social Security disability and permanent total, the permanent total maximum is the bottom number. If you are receiving Social Security Disability and are also receiving permanent total disability compensation under the Ohio workers’ compensation system, the amount of permanent total will be reduced by 1/3.

When you reach retirement age, Social Security will automatically switch you over to Social Security retirement. At that time, your workers’ compensation permanent total benefits should return to the full amount. For some people, it may make sense to switch over to Social Security retirement early.

⁵ The minimum for death benefits is 1/2 of the maximum shown.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

Don’t make a mistake and take the wrong action in your Ohio BWC claim. You should discuss your claim with a Board Certified Ohio Workers’ Compensation Specialist Attorney.

Under current Ohio Law, employees who voluntarily resign employment, even though the employee has an active and ongoing workers’ compensation claim, are ineligible to receive temporary total disability compensation even though, after the voluntary abandonment, the injured worker underwent surgery for the allowed conditions in the Ohio Workers’ Compensation claim. State ex rel. Lackey v. Indus. Comm., 129 Ohio St.3d 119, 2011-Ohio-3089.

Based on Ohio Law, before an injured worker decides to terminate employment, either by retiring or quitting, it is critical to discuss this decision with a Board Certified Ohio Workers’ Compensation Specialist Attorney. Without a thorough review of your situation with a Certified Specialist you could run into serious trouble in obtaining certain money benefits (Temporary Total Disability-TTD, Wage Loss-WL, Permanent Total Disability-PTD) in your OhioBWC claim.

The Ohio Supreme Court stated that temporary total disability must arise from a condition that was caused by the industrial injury and, to be payable, where the injured worker has not voluntarily left or abandoned the work force.

Additionally, Ohio Law holds that termination of an employee’s employment for cause (violation of work rule, etc.)  is also considered a voluntary abandonment of employment, precluding the payment of TTD.

Thus, the only way an injured worker can obtain TTD benefits once a voluntary abandonment of employment has been found to have taken place is to find other employment and re-enter the job market. Once re-entry has taken place, should the injured worker then become unable to perform job duties as a direct result of the allowed BWC claim conditions and is prevented from performing his/her job duties, at the new place of employment, due to the originally allowed conditions, then the injured worker would again be eligible to seek TTD benefits (or, in the appropriate circumstances, Permanent Total Disability – PTD benfits) in the previously allowed workers’ comp claim.

However, should a new injury or an aggravation to the prior condition take place at the new place of employment, this situation must be discussed with a Board Certified Workers’ Compensation Specialist Attorney. There are many nuances to a BWC claim. There are time limits and taking the wrong course of action can severely impact on any Ohio BWC claim.

Call Mike Gruhin, The Comp Specialist, to discuss any aspect of your Ohio Workers’ Compensation Claim. Act now, Call now!

Additional Resources

Gruhin & Gruhin, Attorneys
Gruhin & Gruhin Facebook Fan Page
Mike Gruhin’s Personal Facebook Page

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

Many people wonder if the Permanent Total Disability Compensation they receive will ever go up over time. The answer is maybe. . . .  For more information, read on.For the most part, compensation rates do not increase in an OhioBWC claim. As an example, check out the compensation rate chart for your injury year.

An injured worker is paid TTD at the following rates – for the 1st 12 weeks off work, TTD is paid at 72% of the Full Weekly Wage.  The FWW is computed by taking the gross wages earned the 6 weeks prior to the injury. You should have a Board Certified Ohio Workers’ Compensation Specialist represent you in your claim to make certain that your rates are accurately calculated. Many times there are errors in the calculations that cost an injured work large sums of unpaid compensation.

An injured worker is paid TTD at the following rates – after the 1st 12 weeks off work and through the remainder of the claim, TTD is paid at 2/3 (66.6667%) of the Average Weekly Wage.   The AWW is computed by taking the gross wages earned during the entire 52 weeks prior to the injury date.

Calculation of compensation rates includes all money earned from multiple employers during that time.  Additionally, if there are periods where no income was earned, there may be a way to get the BWC to ignore that period from the computation of the AWW.  You should have a Board Certified Ohio Workers’ Compensation Specialist represent you in your claim to make certain that your rates are accurately calculated. Many times there are errors in the calculations that cost an injured work large sums of unpaid compensation.

It is important to get a Board Certified Ohio Workers’ Compensation Specialist Attorney in your corner. Setting the wages correctly and knowing the law regarding exclusion of unemployment due to illness, lay-off, etc. needs a specialist to protect your legal rights to correct compensation rates.

Temporary Total Disability Compensation is “locked” into the year of the injury. So, if you go off work due to allowed conditions in your BWC claim, you will get paid based on the amount of money you made the year before the injury. This is based on the Average Weekly Wage set in your claim.

The same is true regarding Wage Loss Compensation and Permanent Partial Disability.

The only compensation that can be raised is Permanent Total Disability, but only under one condition. Your compensation payment rate must be lower than the rate set as the Disabled Workers’ Relief Fund (DWRF). This year, the DWRF rate is set at $332.86. Thus, if your AWW would make your rate of compensation lower than the DWRF rate, you would be “bumped up” to the DWRF rate.

DWRF usually increase every year by approximately $5-10.00 per year.  Only in the recent past was the rate not increaesed (due to the economy and zero inflation rate).

In the event of an Ohio work injury, or job accident, a Board Certified Ohio Workers’ Compensation Specialist Attorney should be contacted to advise an injured worker on all the benefits available in such an industrial accident.  There are time limits, so protect yourself and call now.

Contact Mike Gruhin, Board Certified Ohio Workers’ Compensation Specialist Attorney. Find out your rights and protect yourself and your family!

Additional Resources

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

In Ohio, if you’re injured on the job and your claim is allowed, you may be entitled to receive temporary total disability compensation (TTD). This is the money you receive when you are unable to work. But, be aware of this fact so you don’t “punish” yourself and lose valuable compensation.  Read on.In order to receive TTD payments, you MUST be off work for seven days. So, not counting the day of the injury and not counting the day you return, you must be off for more than seven days.  The OhioBWC counts Saturdays and Sundays in the seven day count.

So here are the examples:

You lose 8 days of work (again not counting the day of the injury or the day of the return) and you return to work on day 9. You will be paid TTD for 1 day.

You lose 9 days of work (again not counting the day of the injury or the day of the return) and you return to work on day 10. You will be paid TTD for 2 days.

BUT, if You lose 14 days of work (again not counting the day of the injury or the day of the return) and you return to work on day 15. You will be paid TTD for 14 days.

Thus, the system seems to encourage people to be off work for a full 14 days (not counting the day of the injury or the day of return to work) so that the injured worker gets paid for ALL 14 days.

Strange but true. For more information on Ohio Workers’ Compensation you should discuss your Ohio work injury with a Board Certified Ohio Workers’ Compensation Specialist Attorney.  Mike Gruhin is a Certified Specialist.

There are time limits. The system is too complex for an injured worker to “go it alone”.  Remember, the Ohio BWC has lawyers to protect its interests and your employer has lawyers to protect its interests. You better get an attorney to represent your interests, and that attorney should be a Board Certified Specialist.

Contact Mike Gruhin to discuss your claim – no charge, no obligation consultation.

© 2011, Gruhin & Gruhin Attorney's. All rights reserved.

You are found to be at MMI. Your temporary total disability ends. Now what?

It depends on the specific facts of your claim, but in general the following actions can be taken:

1) see if your doctor feels that your claim can be amended to include a new diagnostic condition, either physical or emotional. If you obtain a new claim condition/allowance, you will have new and changed circumstances. You would be entitled to seek temporary total disability compensation from the date you were last paid.

2) At any time during your claim, while you are on Temporary Total Disability, you can seek entrance into Vocational Rehabilitation. In VocRehab, you are eligible to receive Living Maintenance compensation, which can lead to Living Maintenance Wage Loss for a period of 200 weeks for pre 8-25-06 claims and for a period of 125 weeks for post 8-25-06 workers’ compensation claims.

3) Go back to work and wait the statutory time to apply for your injury money. If you are returned to work with restrictions, you may be entitled to seek working wage loss. Again, depending on the actual date of your work injury, you are entitled to either 200 weeks of wage loss or 125 weeks of wage loss (see item 2 above for claim date requirements).

It is best if you discuss this finding of MMI with your attorney. If you don’t have an attorney, you should get one ASAP. Look for a Certified Ohio Bureau of Workers’ Compensation Specialist.

Feel free to call Mike Gruhin at Gruhin & Gruhin. He would be happy to discuss your claim with you.

© 2009, Gruhin & Gruhin Attorney's. All rights reserved.

$$ Older BWC Claims May Have Hidden Value $$

Don’t Walk Away From the Money Hiding in Your Claim.  As the expression goes “There’s Gold in them thar Hills !”

Call Gruhin & Gruhin, we can quickly determine whether your claim is still “alive” and therefore eligible to seek the “hidden” money in your older BWC claim to which you are entitled!

Ohio Workers’ Compensation claims expire due to statute of limitations inactivity – some case types “die” after 6 years of inactivity and others “die” after 10 years of inactivity – call Gruhin & Gruhin to find out about your ability to collect BWC money.

Don’t wait any longer because there are time limits within which your allowed BWC claim can expire by law and become worthless. Dont let that happen to you and don’t lose the money that belongs to you. Get the money award that is “hiding” dormant in your BWC claim.

Gruhin & Gruhin represents injured workers with older BWC claims, as well those Injured Workers with current work injury claims. Whether the work injury you suffered was major or minor, contact Gruhin & Gruhin to obtain the OhioBWC compensation to which you are entitled.

Most people don’t know this, but under Ohio Law, even if you did not miss any time from work as a result of your work injury, you still may be entitled to obtain the injury award (Permanent Partial Disability Compensation) or a lump sum settlement payment.

 Call Gruhin & Gruhin and speak to a Board Certified Workers’ Compensation Specialist. 

We understand Workers’ Compensation and can advise you if your claim has monetary value.

© 2009, Gruhin & Gruhin Attorney's. All rights reserved.

2006 Was a Bad Year for Ohio Workers!  The Ohio Legislature took away many important rights and benefits previously available to
Ohio’s Injured Workers.This was done for the benefit of the Employer and not for the benefit of  hard working citizens of Ohio, who get injured on the job!  Ohio’s Voters need to fight back this November election!

Make sure you ask your State Representative (Ohio Senate and Ohio House) how he/she voted in 2006.

If they voted against the Workers’ of Ohio by passing the 2006 legislation that took away your rights – VOTE THEM OUT OF OFFICE THIS NOVEMBER! Click here to find out who your representatives are. Then call their office and ask if they represent YOU or BIG BUSINESS.

WHAT BENEFITS AND RIGHTS DID THE NEW LAW TAKE AWAY FROM OHIO’S INJURED WORKERS? Too Many!!

• Reduces Wage Loss Benefits from 200 Weeks to 26 Weeks.

• Reduces the amount of time for which an employee can receive payments for wage loss suffered as a result of returning to employment other than his former position of employment or for being unable to find employment consistent with his physical capabilities. Currently 200 weeks, but the Legislature wants to reduce it to 26 weeks.

• Eliminated the Right to Argue Additional Factors for Permanent Total Disability Benefits

• Specifies an employee is not entitled to permanent total impairment compensation when the employee’s age is the primary reason he is prevented from engaging in or acquiring the capacity to engage in sustained remunerative employment.

• Eliminated The Right to Receive Temporary Total Disability compensation Until the Date of Termination Hearing

• Eliminated Current Benefits which pay the loss of the hand AND loss of arm if an arm is amputated

• Eliminated Current Benefits which pay the loss of the for Loss of Foot if a Leg is amputated

• Eliminated compensation by specifying that the loss or loss of use of one arm does not additionally constitute the loss or loss of use of one hand and that the loss or loss of use of one leg does not additionally constitute the loss or loss of use of one foot. (Currently you would get compensation for both loses. Legislature wants to take this right away from the injured worker).

• Eliminated Current Benefits for Deceased Worker’s Family

• Now prohibits the Administrator of Workers’ Compensation (Administrator) from making an award to a deceased employee’s spouse or a dependent for the employee’s loss of use of a body part when no award was given prior to the employee’s death unless the Administrator receives medical evidence that the employee had a conscious awareness of the loss of use prior to death. (Prior Law permitted the award to be paid. The Legislature took this right away from the injured worker’s family).

• Reduced Benefits in the Payment Amount of Living Maintenance Awards (from a potential of 400 weeks to a maximum of 125 weeks)

• Modifies living maintenance payments to be equal to the amount of temporary total benefits the claimant would receive if the claimant received those benefits. (Previously, Vocational Rehabilitation Living Maintenance payments were greater to give an incentive to the Injured Worker to enter a rehabilitation program)

• Reduced Current Benefit Coverage under the Workers’ Compensation Law From Ten (10) Years to a Maximum of Four (4 ) Years. BWC Claims will be closed much sooner under the new law.

• Reduces the ability of the Industrial Commission from taking continuing jurisdiction to make a modification, change, finding, or award from six years in the absence of the payment of medical benefits and ten years in the absence of payment of compensation to a four-year limit in those cases.

• Changed the Prior Definition of an Ohio Work Injury

• Places limitations upon compensation and medical benefits for a condition, impairment, or disease process that preexisted an injury and requires documented objective clinical findings and test results concerning substantial worsening and acceleration relative to such claims. (Prior Law permitted the inclsuion of an aggravation of a pre-existing condition to be compensable in a workers’ comp claim – even if the aggravation was NOT substantial. Legislature has taken this major benefit away from Ohio’s Injured Workers.

• Now allows a district hearing officer to terminate compensation for temporary total disability if compensation has been paid prior to the hearing officer determining whether the claimant has reached maximum medical improvement (MMI) and the hearing officer subsequently determines that the claimant has reached MMI. Specifies that the district hearing officer may terminate the temporary total disability compensation as of a date prior to the hearing in which the hearing officer determined the claimant reached MMI, and requires the hearing officer to declare any payment made after that date as an overpayment to be recovered as specified in new law. (Currently TTD is termianted on the date of the hearing, not before)• These changes have significantly harmed the rights and benefits of Ohio’s Injured Workers!

WHAT CAN BE DONE?

WE CAN TELL OUR ELECTED OFFICIALS THAT WE WANT THEM TO REPRESENT US AND PUT THE BWC LAW BACK THE WAY IT WAS BEFORE AUGUST 2006!

CONTACT YOUR LEGISLATOR – FIND OUT WHO THEY ARE AND TELL THEM TO GIVE BACK OUR FULL INJURY BENEFITS.

CONTACT YOUR LOCAL ELECTED LEGISLATIVE REPRESENTATIVE

COMPLAIN. TELL HIM/HER THAT YOU WANT THE PRIOR BWC LAWS TO BE BROUGHT BACK. THE PRIOR OHIO BWC LAWS WERE THE BEST IN THE COUNTRY.

WHY DID THEY NEED TO FIX SOMETHING THAT WASN’T BROKEN ?

Tell them you’ve had enough at the voting booth by voting them out when they come up for re-election.

© 2009, Gruhin & Gruhin Attorney's. All rights reserved.

Temporary Total Disability

My injury hasn’t healed and I can’t go back to work yet – How do I get paid – How do I feed my family?

An injured worker who misses more than seven days of work as a result of their injury, may request payment of temporary total disability compensation. This is the compensation an injured worker receives during the period of inablity to return to work.

An injured worker who misses less than 7 days of work does not receive any temporary total disability compensation for the work days missed. The computation of days does not include the day you are injured or the day you return. The days counted include weekends, whether you work weekends or not.

If the worker is temporarily and totally disabled from working for less than twelve (12) weeks, compensation is paid based upon the worker’s earnings in the week prior to the injury (or earnings in the six (6) weeks prior to the injury). If the injured worker is unable to work for more than twelve weeks, the rate of compensation is based upon the worker’s average weekly wage for the year prior to the injury.

Compensation paid when you are unable to work as a result of an allowed Ohio BWC claim. Workers’ Compensation pays 72% of your Full Weekly Wage for the first 12 weeks you are unable to return to your job. From week 13 and on, you are paid at the rate of 66.667% (2/3) of your Average Weekly Wage. It is extremely important that your FWW and AWW are correctly set. If they are not, you will not receive the correct amount of weekly compensation payments.

If you have been hurt on the job, call Gruhin & Gruhin. The call is free and the advice is free.

Mike Gruhin is a Board Certified Ohio BWC Workers’ Compensation Specialist. You pay no more for a specialist. The contingency fee is the same – so why wouldn’t you want a specialist to represent you in your Ohio Workers’ Compensation claim.

© 2009, Gruhin & Gruhin Attorney's. All rights reserved.