419.244.5000
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Polofka & Van Berkom
Attorneys at Law
Four Seagate
Suite 602
Toledo, Ohio 43604

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419.244.5000
888.245.5660
Fax 419.241.1530

Common questions about Social Security Disability, Workers' Compensation and Personal Injury.

Workers' Compensation Questions:

What compensation and benefits are available to me if I'm hurt at work?

Injured workers are generally eligible to payment for the time they are off of work for a work injury and payment for the medical treatment related to a work injury.  While every case is different, below is an explantion of the most common types of compensation in an Ohio workers' compensation claim:

  • Temporary Total Compensation is typically the first compensation you will receive following a work injury.  Workers who are 100% disabled for a temporary period of time as a result of the injury or occupational disease will recieve this compensation until their medical condition has stabilized;
  • Wage Loss Compensation can be paid following an injury if you are working with restrictions caused by the injury which cause a reduction in your earnings.  You may also be eligible for wage loss compensation if you are actively seeking but are not able to find work within your physical capabilities;
  • Permanent Partial Disability is typically a lump sum payment for residual impairment resulting from an injury or occupational disease;
  • Permanent Total Disability (PTD) Compensation is paid to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio.  This compensation is paid when an injured worker is not able to return to his or her former position of employment or engage in any sustained remunerative employment;
  • Lump Sum Settlements are paid to injured workers who have negotiated with their employer and the Bureau of Workers' Compensation to settle the workers' compensation claim.

Social Security Questions:

1. What is the definition of disability used by Social Security?

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

2. How do I apply for Social Security disability benefits?

The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim.

3. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

There is no need to wait.  You can file for Social Security disability benefits on the very same day that you become disabled. Many people make the mistake of waiting months or years after becoming disabled before filing a Social Security disability claim.  A person who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.