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Northwest OH Legal Blog

Friday, August 12, 2016

Workplace Restrictions and Temporary Total Disability

If you have been injured at work you may be unable to perform certain job tasks. But there are several things you must know to make sure your rights as an injured worker are protected.

The first step is to go to the doctor. If you are having difficulty performing your work tasks, the doctor must do an examination to determine what work restrictions are necessary. Such restrictions as the ability to lift, push, pull, stand, walk, squat, and other physical tasks are evaluated.

Make sure your doctor is aware that you have a workers’ compensation claim. Doctors are usually well aware when workers’ compensation comes in to play, but make sure he or she knows. The doctor will then fill out the necessary paperwork, a form known as a MEDCO-14, which will describe the necessary restrictions. Take a copy of the form to the employer who must honor whatever restrictions the doctor sets.

If there is no work available within your restrictions, you are eligible for Temporary Total Disability compensation. IMPORTANT: If your employer offers work in compliance with you restrictions, you MUST accept that work. Failure to do so could be considered job abandonment, and you will not be entitled to compensation.

The test for whether an injured worker is entitled Temporary Total Disability is whether the injured worker is able to return to the job he or she had at the time of the injury. This is determined by the doctor. However, Ohio law effectively requires you to be off work for two weeks in order to be entitled to Temporary Total Disability Payments.

Temporary Total Disability payments will continue until one of two things occur: 1) the injured worker begins working again with either the same or a different employer, or 2) the injured worker reaches maximum medical improvement. Maximum medical improvement occurs when an injured worker reaches a point where his or her injury is not going to improve with further treatment. Periodically, an injured worker will be examined by a Bureau of Workers’ Compensation doctor to determine whether this has occurred. If the BWC doctor determines that the injured worker is MMI, he or she has the right to appeal and get a second opinion from his or her treating physician.

Once MMI occurs, the injured worker may be entitled to Permanent Total Disability.

You should always speak with an attorney to see how the law applies to your specific case. If you have questions about working within restrictions set by your doctor, or if you feel you should be receiving temporary total disability benefits, an attorney from Allotta | Farley Co., L.P.A. will be happy to discuss your case with you.

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With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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| Phone: 419.535.0075
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