Ohio Worker's Compensation - Help For Injured Ohio Workers

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  1. #1
    Join Date
    Feb 2012
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    232

    Default Can You Collect Both Worker's Comp and State Teachers' Disability

    Can an injuried worker recieve workers comp payments and state teachers disability at the same time?
    This question was brought up by someone I know and they said that they have been recieving both for the past three years. She is now at the age of retiring, when she recieved a call by w/c that she is going to have to pay back some of the monies she recieved because she was not supposed to recieve as much as she was getting because of being on state teachers disability.
    Does anyone know how this works when you are recieving two different types of disability?

    My second question has nothing to do with the above, but, do you have to pay taxes on PTD?

  2. #2
    Join Date
    Oct 1971
    Posts
    3,364

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    kneebow
    Can an injuried worker recieve workers comp payments and state teachers disability at the same time?
    No.
    Benefits for Temporary Total Disability (TTD)
    The percentage of worker's wage paid is 72 for the first 12 weeks and 66 2/3 thereafter. For weekly payments, the minimum is $261.00 (33 1/3 percent of SAWW or actual wage, if less) and the maximum is $783.00, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security benefit offsets and, if concurrent and/or duplicate, with those under employer non-occupational benefit plan.

    Section 4123.56--Applies an offset against temporary total disability payments in the event of concurrent and duplicative benefits under an employer funded non-occupational benefits plan.
    http://codes.ohio.gov/orc/4123.56
    http://www.ohiobwc.com/

    second question has nothing to do with the above, but, do you have to pay taxes on PTD?
    No

    Tony
    Moderator
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    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Feb 2012
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    232

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    Thank you so much for your quick response. What will happen? This person seems to think that they won't have to pay back this bennifit from workers comp that they have been recieving for the past three years because it was w/c fault and that all information was given through out the years of recieving the payments.

  4. #4
    Join Date
    Oct 1971
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    3,364

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    This person better consult his lawyer, I don't know enough of the details to comment further.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  5. #5
    Join Date
    Feb 2012
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    232

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    Thanks Tony. The individual already has made contact with their lawyer, but as of right now it is still unclear of what will happen.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
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    18,021

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    Quote Quoting kneebow View Post
    Thank you so much for your quick response. What will happen? This person seems to think that they won't have to pay back this bennifit from workers comp that they have been recieving for the past three years because it was w/c fault and that all information was given through out the years of recieving the payments.
    If there has been a legitimate overpayment... and it doesn't matter this person sees it as the carriers fault, they will take a credit against any future benefits there may be due. That could include payment for medical services...PPD indemnity etc. Definately they would take a credit out of any cash settlement. Don't discount this...there are always ways of recovering overpayments.

  7. #7
    Join Date
    Nov 2011
    Posts
    15

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    First off, is the person getting Temporary Total Disability or Permanent Partial or Total Disability. If they are getting TTD they cannot receive any other disability payments, however, if they are getting PPD or PTD they can in fact receive payments from BWC and Ohio Teachers Disability or Social Security Disability.

    For instance, I am receiving Social Security Disability, due to my work related injury in 2005. Recently, I received lump sum payment for Permanent Partial Disability from Ohio BWC. They did not include my psyche as part of the total for PPD so that will be added to the physical percentage and if it totals 50% I will receive Permanent Total Disability payments and my SSD will be less until I reach 55, then I will return back to the full amount of both PTD and SSD.

    This is how it is in Ohio, other states may have different policies.
    Last edited by trickytrip; 01-16-2013 at 07:07 PM.

  8. #8
    Join Date
    Feb 2012
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    232

    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    Kneebow here, It was TTD.

  9. #9
    Join Date
    Feb 2007
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    Calif
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    Default Re: Can an Injuried Worker Recieve W/C Payments and State Teachers Disability

    I will receive Permanent Total Disability payments and my SSD will be less until I reach 55, then I will return back to the full amount of both PTD and SSD.
    I don't know what your OH rule is...but you better check the SSA rules.
    Between your PTD and SSDI, you cannot have more than 80% of your pre injury average wage.
    Your SSDI will convert to normal retirement at full retirement age...65 in most cases. (not 55). As a rule, that SSDI rate does not change, unless your PTD changes.

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