When an accident causes permanent disability in Ohio, your primary legal options include seeking compensation through a workers’ compensation claim for a work-related injury and a personal injury claim or lawsuit against an at-fault party. A permanent disability can affect every aspect of a victim’s life, resulting in a lifetime of physical, emotional, and financial challenges. If you or someone you love was involved in an accident that caused permanent disability, understanding your options is critical to securing compensation that accounts for the full extent of your losses.
Call Young, Reverman & Bolotin personal injury lawyers at 513-400-0000 to discuss your permanent disability injury claim in Cincinnati.
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What Is Considered a Permanent Disability Under Ohio Law?
Ohio law distinguishes between permanent total disability and permanent partial disability. Permanent total disability means the injured individual can’t engage in sustained remunerative employment because of his or her condition. Permanent partial disability means the injured individual has a permanent but partial limitation in a body part. He or she may still be able to work in some capacity. Approximately 14.4% of people in Ohio have disabilities.
What Legal Options Are Available After an Accident Causes Permanent Disability in Ohio?
When an accident causes permanent disability in Ohio, you can pursue a workers’ compensation claim if the accident was work-related. If the accident was caused by someone else’s negligence, you can seek compensation through a claim settlement with the at-fault party’s insurance company or a lawsuit against the at-fault party. You could also seek federal disability benefits.
Filing a Workers’ Compensation Claim
Workers’ compensation provides benefits for medical costs, wage replacement, and compensation for total or partial disabilities to employees who are injured on the job. All Ohio employers are required to carry workers’ compensation insurance to protect employees in case of work injuries or occupational diseases. Workers’ comp is a no-fault system, so you won’t need to prove another party’s negligence in your claim.
Filing a Personal Injury Claim or Lawsuit
Ohio is an at-fault state, so the party that causes an accident can be held liable for damages. If you were paralyzed after a crash, slip and fall, or any other accident due to another party’s negligence, you can file an insurance claim or personal injury lawsuit to recover damages from the responsible party. A successful claim requires proving that the other party was negligent, and their negligence directly resulted in your injuries.
Social Security Disability Benefits
If your injury prevents you from engaging in substantial gainful activity, you may be eligible for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits.
A personal injury lawyer can help you navigate these legal options and secure the maximum compensation to which you’re entitled.
How Does Ohio Law Compensate Victims With Permanent Disabilities?
Ohio law compensates accident victims with permanent disabilities mainly through Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) benefits for work-related injuries and compensatory damages in personal injury cases.
Compensation for Work-Related Permanent Disabilities
The Ohio workers’ compensation system provides permanent disability benefits to individuals who sustain a job-related injury resulting in permanent disability.
Permanent Partial Disability (PPD) Benefits
You may qualify for PPD benefits under Ohio workers’ compensation if a workplace injury causes a lasting impairment, even if you can still work in some capacity. The amount of benefits you receive depends on the body part impacted and the degree of impairment.
Permanent Total Disability (PTD) Benefits
PTD benefits are available when a work-related injury leaves you unable to engage in any form of sustained employment. They continue as long as your disability persists. If you receive PTD benefits, you may get up to two-thirds (66 2/3%) of your average weekly wage, up to the state’s set maximum. The Disabled Workers’ Relief Fund (DWRF) may provide additional compensation when PTD benefits fall below cost-of-living levels due to inflation.
Compensation in Personal Injury Cases
A set of laws governs how compensation works in Ohio personal injury claims and lawsuits involving permanent disabilities, including damage caps, exceptions, and modified comparative negligence.
Type of Damages Awarded
When you file a personal injury claim or lawsuit, you may be entitled to compensatory damages, consisting of economic and non-economic damages. Punitive damages are awarded in rare cases.
Economic damages are those that are quantifiable. The economic damages you can recover in a personal injury claim involving permanent disability in Ohio include:
- Medical bills
- Lost wages
- Lost earning capacity
- Rehabilitation costs
- Future medical expenses
- Home and vehicle modifications to accommodate the disability
Non-economic damages address the intangible non-financial losses you suffered. They may include pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and loss of consortium. A judge may award punitive damages in cases where the defendant acted egregiously or maliciously.
Caps on Damages and Exceptions
Ohio law doesn’t cap economic damages. However, it imposes a cap on non-economic damages at $250,000 or three times the amount of your economic damages, whichever is greater, up to a maximum of $350,000 per person and $500,000 per accident. These caps don’t apply to catastrophic injuries like permanent disabilities. As a result, you can recover the full economic and non-economic losses resulting from your disability.
It’s challenging to reopen a case once you’ve accepted a settlement. You’ll need to ensure you present convincing evidence to prove that your injuries qualify as catastrophic under state law to maximize your compensation. An experienced Ohio permanent disability lawyer can help you collect documentation and other necessary evidence to meet the criteria outlined in state law.
Modified Comparative Negligence
Under Ohio’s modified comparative negligence rule, you can recover some compensation even if you’re partially at fault for the accident as long as your percentage of fault doesn’t exceed 50%. Your recoverable damages will be reduced by your share of fault.
Remember, seeking full compensation for permanent disabilities is essential. Contact us at Young, Reverman & Bolotin for a free consultation about your case and the next steps you should take to help you obtain the maximum possible compensation in Cincinnati.
When an Accident Causes Permanent Disability FAQs
What Qualifies as a Permanent Disability After an Accident in Ohio?
Ohio law recognizes two types of permanent disability: permanent total disability and permanent partial disability. A permanent total disability prevents an individual from performing any sustained work, whereas a permanent partial disability involves residual damage to a body part, but the injured person could still work in some capacity.
Can I Receive Compensation for a Permanent Disability Under Ohio Law?
You can receive compensation for a permanent disability under Ohio law. If the personal injury accident that led to your disability resulted from someone else’s negligence, you can pursue compensation through a personal injury claim or lawsuit. You can also receive permanent disability benefits under workers’ compensation for a job-related injury.
How Long Do I Have to File a Permanent Disability Claim in Ohio?
When an accident causes permanent disability, you generally have two years from the accident date to file a personal injury claim for compensation.
