How an Ohio Workers’ Compensation Claim is Calculated

Calculating a settlement amount for a Workers’ Compensation case in Ohio is a complex process that takes into account various factors. The specific elements that determine a Workers’ Compensation settlement value can differ from state to state. In Ohio, the primary factors include wage loss and medical expenses.

It’s also important to understand that Ohio’s Workers’ Compensation system has its own unique rules and regulations. Your settlement value will be primarily influenced by the extent of your wage loss and the cost of your medical treatment over time.

If you’re unable to work completely, or if your injury has caused you to lose income at work, you may be entitled to Total or Partial Disability benefits.

Benefit Rate Calculation in Ohio

In Ohio, an injured worker’s benefit rate is calculated as a percentage of their Average Weekly Wage (AWW). This percentage can fall into different categories, depending on the specifics of the case, such as:

– 72 percent of the AWW for the first 12 weeks if you’re temporarily totally disabled.

– 66 2/3 percent of the AWW after the first 12 weeks for temporary total disability.

– Two-thirds of your AWW for permanent total disability, subject to state minimums and maximums.

The settlement calculator uses the compensation benefit rate as the primary basis for determining your settlement value.

Medical Expenses and Their Impact on Settlement

Medical expenses are a key factor in determining your Workers’ Compensation settlement in Ohio. These costs can include everything from:

• emergency care
• to ongoing treatments
• surgeries
• and medications.

All necessary medical expenses related to your work injury should be covered, but insurance companies may challenge certain costs.

Your settlement must account for both current and future medical expenses, especially if long-term care is needed. Without proper legal guidance, you risk settling for less than what’s required to cover your medical needs. Consulting with a Workers’ Compensation attorney ensures that your settlement accurately reflects the full scope of your medical expenses.

Factors That Determine Workers’ Compensation Payments in Ohio

When you’re injured at work, the two most pressing questions are usually: What benefits will I qualify for, and how is workers’ comp calculated?

The types of workers’ comp benefits available in Ohio include:

• full medical treatment cost coverage
• wage replacement (through weekly payments or lump-sum settlements)
• specific (scheduled) loss awards
• and compensation for disfigurement or subsequent injuries

The type of benefits you’re eligible for largely depends on the nature and severity of your injury, as well as how much time you miss from work.

Each category of benefits has its own method of calculation, with some being more straightforward than others.

Eligibility for Benefits in Ohio

The first factor in determining your benefits is related to the severity of your injury—specifically, whether it’s partially or totally disabling.

Partially Disabling Injuries: If your injury is rated less than 50% disabling and allows you to return to work with limited hours or reduced income, you may be compensated at a percentage of the difference between your pre- and post-injury wages.

Totally Disabling Injuries: If your injury results in at least seven days of missed work, you may receive compensation at a percentage of your average earned income before the injury.

The percentage of wage loss compensation you receive is determined by your pre-injury income. Generally, lower-income employees are compensated at higher percentages of their average earnings.

Impact of Other Wage Benefits

The second factor involves whether you already receive other wage benefits, such as Social Security, pension, or disability. If you do, your wage loss compensation may be reduced based on your existing benefits and average earnings.

Average Weekly Wage (AWW) Calculation

The third and most important factor in determining workers’ compensation wage loss benefits is your Average Weekly Wage (AWW).

Your AWW is calculated based on the total gross wages you earned from all employers at the time of your injury. This includes overtime, bonuses, paid time off, and any gratuities earned during the course of your work.

How AWW is Calculated in Ohio

Hourly Employees: Your AWW is calculated by averaging your total wages over the 52 weeks prior to your injury.

Recently Hired Employees: If you haven’t worked for your employer for a full 52 weeks, your AWW is calculated based on the number of weeks you have worked.

Salaried Employees: Your AWW is calculated by dividing your annual salary by 52 weeks.

Wage Loss Compensation Benefits Calculation

Once your AWW has been determined, your wage loss compensation benefits can be calculated.

In Ohio, wage loss benefits are generally 66 2/3 percent of your AWW, subject to state minimums and maximums. These benefits are typically paid in weekly or bi-weekly installments, depending on how your employer usually issues paychecks, or in a negotiated lump-sum settlement.

Still Have Questions About Ohio Workers’ Compensation? Contact Us Today

The experienced workers’ comp attorneys at our firm are here to assist you with all aspects of your Workers’ Compensation claim in Ohio. To schedule a free consultation, contact us today.