If a worker suffers an amputation, loss of vision or total loss of hearing they can claim scheduled loss compensation under Ohio's workers' compensation law. Scheduled loss compensation may also be recoverable if the injured worker has lost the ability to use a body part or has developed ankylosis - a stiffening and immobility of a joint resulting from bone fusion. A worker can receive scheduled loss compensation along with other workers' compensation benefits. In that case the awards will be paid on a consecutive basis.
To receive scheduled loss compensation, the worker is required to file the proper form and give medical evidence. The Bureau of Workers' Compensation provides medical diagrams for doctors to indicate where the amputation or ankylosis occurred. If approved, payments will be made biweekly. There is a schedule that applies depending on the particular injury. It will be based on the date the injury occurred, not the date at which the amputation or loss of use occurred.
If the injury happened before November 3, 1989, the amount of compensation will be 66 2/3 percent of the workers' average wage per week when the injury happened; this figure will be multiplied by the number of weeks and cannot go beyond the statewide average weekly wage (SAWW) on the date of injury. If the injury happened on or after November 3, 1989, the compensation will be 100 percent of the SAWW.
Workers who have lost two limbs, hands or feet, both eyes, or any two of these body parts are eligible for statutory permanent total disability (PTD) benefits. Losing the use of one limb or having one amputation will not qualify for PTD. With the multitude of issues that a person can face after workplace injury with amputation or ankylosis, scheduled loss compensation is imperative. A lawyer can help in pursuing these benefits.
Source: bwc.ohio.gov, "FSSL -- Scheduled Loss Compensation," accessed on Sept. 9, 2016
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