Will I be paid for the entire period of time I'm off work?
A: You will be eligible for lost time benefits if you lose more than seven days of work. Also, the first seven days are not payable until you lose 14 consecutive days. Other than these exceptions, most injured workers are usually paid for the entire period of time they are off. If an injured worker is off work for three months (90 days) a medical exam may be scheduled. Continued payment of temporary total disability will be dependent on the outcome of the independent medical exam.
How does BWC determine how much I will be paid while I am off work?
A: Compensation rates are based on your earnings prior to the injury taking into account the minimum and maximum rates applicable to the year you were injured. For claim specific rate inquiries contact the Law Offices of Thomas Tootle.
What if I return to work after being declared permanently and totally disabled?
A: As implied by the name, the expectation is that the injured worker’s inability to work is permanent. Should an injured worker who has been declared PTD return to work, the injured worker must notify BWC immediately. Benefit payments would cease at that time. Continued receipt of PTD benefits after a return to work is illegal in most cases and could subject the injured worker to prosecution for workers’ compensation fraud.
What is lump sum advancement?
A: A lump sum advancement is an advancement of funds for a specified purpose available to injured workers who are receiving PTD or scheduled loss awards. A lump sum advancement may be used to pay attorney fees ($10,000 maximum) or to pay miscellaneous expenses such as household bills, purchases and repairs. The payment of a lump sum advancement results in a rate reduction.
When will my PTD rate go back up (after payment of lump sum advancement)?
A: The rate reduction that occurs after a lump sum advancement is paid is permanent. The reduction is based on the existing rate, the amount of the advancement, the injured worker’s age and life expectancy.
What is DWRF?
A: DWRF is an acronym that stands for Disabled Workers Relief Fund. This fund was created to assist injured workers who have been declared permanently and totally disabled whose compensation rates have not kept pace with inflation and the cost of living. DWRF eligibility is determined automatically for every injured worker who is declared PTD. No action on the part of the injured worker is needed. DWRF eligibility is based on the combined total of permanent total disability and Social Security disability received by the injured worker.
Law Office of Thomas Tootle Co., LPA
85 E.Gay St., #900, Columbus, OH 43215
(866) 583-0348 * (614) 228-6484 (fax)
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