Wage Loss

Ohio Workers’ Compensation Wage loss compensation is payable when, as a result of the allowed medical conditions in a claim, an employee is either unable to find work within his physical capacities or has returned to a less strenuous or alternative job which pays less then the job which resulted in the industrial injury. The restrictions must be certified by the claimant’s physician of record (POR).

There are two (2) types of wage loss that are available to injured workers when they are unable to return to their former positions of employment and their doctor has returned them to work with restrictions.

The first type of wage loss is the Non-working wage loss. In this situation, the worker looks for work but is unable to secure employment. The worker is able to submit job search forms to the BWC for compensation. There are specific requirements that must be met to obtain this compensation benefit.

The second type of wage loss is the working wage loss. In this situation, the injured worker secures employment within the job restrictions placed by the doctor but suffers a wage loss. The worker can submit the paystubs from the lower paying job to seek compensation from the BWC in the amount of 66.667% (2/3) of the difference of pay. There are specific requirements that must be met to obtain this compensation benefit.

For Injury Claims which occurred prior to August 25, 2006, Workers’ compensation wage loss, in certain circumstances, is payable for a maximum period of 400 weeks. In the event that an injured worker first receives wage loss through the OhioBWC Rehabilitation Division O.R.C 4121.67, wage loss is available as living maintenance wage loss (LMWL) which is available for 200 weeks. At the end of 200 weeks of LMWL, the injured worker is eligible to seek an additional 200 weeks of wage loss through regular OhioBWC compensation, pursuant to O.R.C. 4123.56 (B).

In 2006, the Ohio Legislature changed and reduced wage loss benefits for injured Ohio Workers. This was the second assault on obtaining wage loss money by reducing the available wage loss weeks from 400 weeks to 225 weeks.

For Injury Claims which occurred on or after August 25, 2006, Wage loss is only payable for a maximum of 225 weeks, whether it is paid through the Ohio Bureau of Workers’ Compensation Rehabilitation Division or through the Ohio Bureau of Worker’ Compensation or a combination of both.

In 2014, the next assault on wage loss compensation by the Ohio Bureau of Workers’ Compensation took place. The changes permit further reduction to the wage loss compensation payment an injured worker can receive. 

A workers’ compensation lawyer who specializes in Ohio Work Comp should be consulted. You need an Ohio Workers Comp Attorney to protect your legal rights to money awards.

Here’s the link to the new rule O.A.C. 4125-1-01, effective February 13, 2014, which replaces the current wage loss rule. Highlights to the new wage loss rule are listed below:

Effective February 13, 2014, the Rules related to Wage Loss were modified once again. The latest iteration of the Rule further reduces Injured Workers’ benefits and makes seeking and obtaining wage loss even more difficult than before. Once an Injured Worker reaches Maximum Medical Improvement (MMI), at times, the only avenue to seek continuing bi-weekly compensation is through wage loss. But, as a result of the new Rules, even the rate of wage loss compensation is reduced depending on certain factors.

Summary of February 13, 2014 Changes to Ohio BWC Wage Loss Requirements

Medical Reports
Non-working Wage Loss
Working Wage Loss
Factors to Consider