If My Wages Are Decreased As A Result Of A Workplace Injury Can I Receive Compensation To Cover The Difference In Pay?
by The Bainbridge Firm, LLC | Sep 27, 2019 | Workers' Compensation
When an individual in the state of Ohio suffers a work place injury that creates a decrease in wages, there is compensation available to make up for that loss in pay. For example, say there is an individual that is earning $15.00 an hour and they suffer an injury on the Job. Following that injury they are restricted in what they are physically capable of doing and, as a result, they must take a position that only pays $13.00 an hour. The Ohio Bureau of Workers’ Compensation will provide compensation to make up for that $2.00 loss in wages.
This form of compensation has come to be known as Wage Loss compensation. There are two basic forms of wage loss compensation under Ohio Law. The first is what is known as Working Wage Loss benefits. Working wage loss benefits are most often given in circumstance like the example above i.e. one is injured, they are restricted in what they can do, and therefore suffer a reduction in wages. Working wage loss benefits allow the person to make up the monetary difference between the wages made in the former position with the wages currently earned in a new position they had took take as a result of their restrictions. In order to get these benefits there must be evidence of a loss in wage and there must be evidence of doctor provided physical restrictions that prevent a return to the higher paying former position of employment. Also, it must be proven that the doctor provided restrictions are a direct result of the injury suffered at work, not some other physical ailment.
Second, an injured worker may be able to receive what is known as non-working wage loss benefits. These benefits are available to injured workers who receive physical restrictions as a result of a workplace injury and, as a result of those restrictions, are not able to find any work that accommodates those restrictions. As with working wage loss, the injured worker must prove that the restrictions they suffer are a direct result of the injuries they suffered while at work. Also, in order to receive non-working wage loss benefits the injured worker must show that they have made a good faith effort to find a job that allows the restrictions placed upon them by their doctor. It makes sense that the Ohio Bureau of Workers’ Compensation requires that the injured worker actually looks for work before awarding benefits. If you feel you may be in a position to receive non-working wage loss benefits it is important to document all attempts at finding a job.
If you feel as though you are in a position to receive wage loss compensation and are having trouble getting those benefits approved don’t hesitate to contact the Bainbridge Firm so that we may help you obtain that compensation. We want to do everything we can to help you obtain all the compensation and benefits you deserve including wage loss benefits.
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