About Workers’ Comp

The Workers’ Compensation System

The Ohio Workers’ Compensation system is made up of two branches – the Bureau of Workers’ Compensation (BWC), the administrative branch; and the Industrial Commission of Ohio (IC), the claims adjudicative branch. The BWC handles the daily processing of claims, and makes payments as appropriate. It monitors medical treatment, disability and return to work issues, and “medically manages” the claims with the help of outside companies called Managed Care Organizations (or “MCO’s” for short)

Other major types of compensation

Other major types of disability compensation for work-related injuries include living maintenance, wage loss compensation, living maintenance wage loss, permanent total disability, death awards and permanent partial disability (percentage and scheduled loss impairment).

LIVING MAINTENANCE (“LM”) is payment(s) made to an injured employee instead of Temporary Total Disability compensation payments while they are actively involved in an approved Rehabilitation program.

All injured workers actively participating in an approved rehabilitation plan with the goal of returning to work are eligible to receive Living Maintenance. These payments are not subject to garnishment, levy or attachment. An employee cannot work and receive Living Maintenance payments.

PERMANENT TOTAL DISABILITY (PTD): This is the “grand-daddy” of all Workers’ Compensation benefits. It is a bi-weekly monetary benefit, much like T.T. but it is on a permanent basis. Basically an injured worker gets a check every 2 weeks for life. Since this is such an expensive prospect for the government and the employer, it is not granted very easily. An injured worker basically has to prove that they can’t do any work for anyone, anywhere, anytime forever based only on the medical conditions allowed in the claim. This is a tough thing to prove in this day and age.

WAGE LOSS COMPENSATION: An injured worker may be entitled to wage loss compensation under two circumstances: (1) they have found work other than their former position and now receives less pay than they did at the time of the injury; (2) if they cannot find ANY work within allowed medical restrictions. Wage loss is only available for injuries occurring after August 22, 1986, and can be received only for a limted period of time.

PERCENTAGE OF PERMANENT PARTIAL DISABILITY: The BWC makes payment of these benefits, also known as C-92 benefits, as compensation for residual impairment that may result from a work-related injury. It is a monetary lump-sum payment based on impairments or problems that are still present (medically demonstrable) after a period of time subsequent to the injury. These are called "residuals". The residuals are expressend in terms of a percentage number (6%, 17%, or 63%, etc.) The BWC determines the percentage of permanent partial impairment based on the recommendation of an independent medical examiner, who utilizes the AMA Guides to Permanent Partial Impairment, 5th Edition.

For information on other types of compensation, visit ohiobwc.com, or contact your local BWC employer services specialist.