Unable to Work? You May Be Eligible For Permanent Total Disability Benefits
Your injury is painful, but dealing with the aftermath is just as bad, if not worse. How will you pay the bills and support your family without a job? That’s a tough question to have to ask yourself. If you are unable to work due to your disability, an experienced workers’ compensation lawyer can help you get the permanent total disability (PTD) benefits you are entitled to.
At the law firm of Bashein & Bashein in Cleveland, we have been helping workers throughout Ohio since 1949. You can rely on us for the honest advice and skilled representation you need during this difficult time in your life.
You are unable to work due to your injuries. You didn’t want this to happen and don’t want your situation to linger any more than possible. We understand that and will aggressively fight to make sure you get the permanent total disability benefits you deserve. Contact us today for a free consultation with a Cleveland disability attorney.
Why You Need a Disability Lawyer from Bashein & Bashein
- Our firm understands how complex it can be to prove total disability. We will leverage our years of experience and network of experts to recover the benefits that you deserve.
- We maintain a case success rate of over 99%. Our lawyers prioritize excellence and will work diligently to protect your rights and your best interests.
- After a serious injury, filing a claim is often the last thing on your mind. Our firm will handle all matters related to your case so that you can prioritize your health and recovery.
What Are Permanent Total Disability Benefits?
Permanent total disability is one of the benefits that you can recover as part of a workers’ compensation claim. In Ohio, all employers with at least one employee must carry workers’ compensation coverage, an insurance plan that pays for work-related injuries and occupational illnesses.
PTD benefits are paid when a worker cannot return to any employment as a result of severe injuries that occurred on the job. These benefits are a percentage of the workers’ wages for the rest of their lifetime. In addition to PTD, you could recover temporary total disability in the weeks immediately following your injury. You could also receive benefits for medical care and travel expenses related to your treatment.
Are You Eligible For PTD Benefits?
To receive PTD benefits, you must be incapable of returning to any employment, even part time employment or employment that provides you with much lower wages. Companies and the Ohio Bureau of Workers’ Compensation (BWC) will almost never grant these benefits without a fight, so you will likely need to go to court and have a judge find that you are permanently and totally disabled.
Once you reach maximum medical improvement (MMI) after your workplace injury, or if you are still receiving temporary total disability benefits 200 weeks after your accident, you will be scheduled for a medical evaluation. The doctor will assess your condition and determine whether you have a permanent disability.
Generally, you are considered to be permanently disabled if you meet at least one of the following:
- You are unable to hold a long-term, gainful employment position that utilizes the skills you already have or skills you could reasonably obtain.
- You have lost the use of both legs, feet, arms, hands, eyes, or a combination of two of the listed body parts.
How Are PTD Benefits Calculated in Ohio?
PTD benefits are equal to the value of your temporary total disability rate. You will receive these benefits in a weekly payment for the rest of your life. Generally, your benefits are equal to two-thirds of your average weekly wage up to the statewide average weekly wage (SAWW). The SAWW changes every year.
What to Do After a Workplace Injury in Cleveland
If you suffer a serious injury at work, it is critical to seek medical care as soon as possible. In an emergency, you should call 911 or ask a co-worker to call 911 for you. After your condition is stabilized, you will need to seek ongoing care from a physician approved by the BWC to treat your injury.
Then, you’ll need to report your injury to your employer as soon as possible and submit a formal claim to the BWC. You can access the required paperwork—known as a First Report of an Injury, Occupational Disease, or Death (FROI) form—online or request a copy from your employer. The BWC will review your claim and issue a decision within 28 days.
You should also contact a Cleveland workers’ compensation attorney from Bashein & Bashein to represent your case. Your lawyer can help you file your claim, gather evidence, and file an appeal if necessary. In the future, your attorney can advocate for your right to PTD benefits and take care of all matters necessary to get the compensation that you deserve.
Contact a Total Disability Attorney Today
If you believe you are permanently totally disabled, you need our experience on your side to ensure you receive a fair hearing. Contact Bashein & Bashein at 216-771-3239 or toll-free 800-771-4457 for a free consultation with an attorney.