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)

Temporary Total Disability Compensation

Temporary Total Disability Compensation is the benefit (money) that is paid for a worker who can not perform their job because of a work injury. If an injured worker loses eight or more calendar days of work as a result of a work-related injury, the BWC pays compensation for lost wages and related medical expenses. If an injured worker is employed by an employer who is “Self-insured”, the payments come directly from the employer, not the BWC.

Temporary total benefits are usually the first form of compensation awarded. Employees cannot work and receive Temporary Total Disability payments over the same period. In most cases, this is a crime in the State of Ohio.

If an injured worker cannot return to work and the IC declares them Permanently and Totally Disabled due to a work-related injury, the injured worker will receive permanent total disability. For more information about Permanent Total Disability, see the link below.

Temporary total benefits begin on the eighth calendar day following the accident. The BWC issues benefits on a biweekly basis. If an injured worker is off work for 14 consecutive days, the BWC will pay them for the first seven days of missed work. Once the injured worker returns to work, Temporary Total Disability benefits cease. Remember, temporary total disability benefits are just that: TEMPORARY. They do stop. Either the injured worker stops them, or the government stops them for you. The injured worker can stop them by (1) returning to work (be it at the original job where they were injured, or at another position of higher or lesser pay), (2) settling the claim (3) dying (4) or simply not submitting further proof of continued disability. The government stops the benefits (most commonly) by declaring that the allowed conditions in a claim have reached “maximum medical improvement”.

The BWC awards Temporary Total Disability compensation based on medical evidence from the attending physician, furnished on the C-84 form, also called the Request for Temporary Total Compensation. These C-84 forms are periodic reports that certify that an injured worker is unable to return to their former position of employment due to the allowed conditions in the claim. The form itself is a two-part (two-sided_ piece of paperwork where the injured worker completes the front side, and the doctor completes the reverse. Both the worker and the doctor have to sign their portion of the form. On the worker's portion there IS language near the signature block which acknowledges that a worker is not allowed to work and collect these benefits over the same period. Frequent completion and submission of these forms ensures the continuous payment of compensation. These C-84 forms are crucial to the continued receipt of money, so aninjured worker needs to be quite vigilant in making sure these forms are properly filled out and submitted regularly. The severity of the injury and the length of time off work determine the frequency these reports are required.

After 90 consecutive days, the BWC’s medical section or the assigned claims service specialist may refer the injured worker for an examination to see if they still qualify for Temporary Total Disability Compensation, any rehabilitation potential and if they are receiving the right medical treatment. An injured workers’ employer can also call for such an examination. At this examination the question of whether the injured worker’s medical condition has reached “maximum medical improvement” (“MMI”) will also be addressed.

The BWC bases an injured worker’s weekly rate of compensation on their wages earned at the time of injury. An injured employee’s weekly benefit rate cannot exceed the “Statewide Average Weekly Wage – the average weekly wage for all Ohioans – for the year in which they were injured. This is determined by a combination of factors set forth by the state legislature.

For the first 12 weeks of missed work, an injured worker will receive 72 percent of their full weekly wage. After 12 weeks of missed work, the BWC pays Temporary Total benefits at the rate of 66.67 percent of the injured worker’s average weekly wage.