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November 2013 Archives

Ohio worker denied additional award for inhalation of metal dust


Readers of this blog are well aware of some of the dangers posed by their work environments. Heavy machinery can catch limbs or crush workers, employees can fall from heights, and construction workers may be at risk of getting hit by cars. But there is another danger lurking in many workplaces: contaminated air. In many factories, particles in the air can be harmful if inhaled. While many employers provide their employees with the proper safety equipment to protect them from these particles, sometimes they do not. Ohio workers should know what they can do when they are harmed in these situations.

What is Permanent Partial Disability Compensation?

Permanent Partial Disability Compensation, commonly referred to as PPD, is a monetary award for residual disability. Residual disability is permanent damage/impairment that the worker experiences as a result of the injury. For example, let's say that a worker breaks his leg in a work-related incident and, due to that injury, the worker can and will no longer be able to fully extend his leg. The worker can file for a PPD award based on the permanent damage/impairment done to that leg, i.e., his inability to fully extend it. The permanent impairment that results can be either physical or psychological, however, to receive an award based on a psychological condition there must be an allowed physical condition in the claim as well. This type of award is meant to compensate the injured worker for their 'impairment of earning capacity' and is, generally, paid in a lump sum amount. Permanent Partial awards do not end workers' compensation claims. Claims remain open even after the issuance of a permanent partial award.

My doctor says I have reached "Maximum Medical Improvement." What does that mean?

Ohio Administrative §4121-3-32(A)(1) defines Maximum Medical Improvement (MMI) as a treatment plateau at which no fundamental functional or physiological change can be expected within reasonable medical probability.

What is Temporary Total Disability Compensation?

"Total disability" means that the injured worker is unable to return to his or her former position of employment. A finding of temporary total disability, sometimes referred to as TTD, does not require a showing of complete physical impairment; rather, TTD requires a showing that the injured worker is prevented from performing his or her regular job duties.

What is Statutory Permanent Total Disability Compensation?

Statutory permanent total disability compensation is different from permanent total disability compensation. Statutory permanent total disability compensation is granted to a person who has lost both eyes, both hands, both arms, both legs, or both feet, or any combination of each, in an industrial accident. Similarly to permanent total disability, statutory permanent total disability compensation was created to benefit the injured worker for the remainder of the injured workers' life. However, unlike PTD, under statutory permanent total disability compensation, an injured worker may still be eligible for compensation even if the injured worker is capable of working, or is currently working.

What is Permanent Total Disability Compensation?

Permanent Total Disability is defined by the Ohio Administrative Code as "the inability to perform sustained remunerative employment due to the allowed conditions in the claim." O.A.C. §4121-3-34(B)(1). This simply means that an injured worker is considered permanently and totally disabled when he or she is incapable of performing a financially rewarding employment position as a result of the allowed conditions in the injured workers' claim. The Industrial Commission looks at the injured workers' residual functional physical limitations, psychological limitations, as well as any non-medical disability factors, in awarding permanent total disability compensation.

Accident at Tesla plant burns three workers


There are many factories in Ohio. Those employed at these plants may know the dangers posed by the heavy machinery and extreme temperatures with which they work. However, as time passes and accidents do not occur, some employers may be lulled to sleep when it comes to enforcing safety regulations and checking the safety of equipment. When this happens, workers are put at risk of being seriously injured.

Over 5,000 worker amputations have occurred since 2005


The Ohio Bureau of Workers' Compensation has recently released statistics that show over 5,000 Ohio workers have suffered amputation injuries since 2005. The data shows 5,405 workers' compensation claims related to such injuries were made between 2005 and 2012. Officials say many of these injuries are non-life-threatening and involve losing fingertips or thumbs. However, these injuries are serious and may leave workers with a physical handicap, render them unable to work, and throw a wrench in their financial stability.

Three railroad employees injured in Ohio


Three CSX employees were recently injured on the job in Ohio. Reports indicate the men were working on a railroad crossing when a car drove around two sets of barricades, hit a utility pole, then slammed into them. All three men were injured and were taken to the hospital. While the accident remains under investigation, these workers may have to deal with extreme pain and they might be unable to return to work for a considerable length of time.

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The Bainbridge Firm, LLC

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Columbus, OH 43215

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