Ohio Workers’ Comp Settlements: Charts, PPD Awards and Claim Value

Workers sometimes call any lump-sum payment a “settlement.” That can create confusion when comparing an offer with a benefit award.

Ohio law permits settlements covering one or more claims or parts of a claim. That is why the question is not simply “How much?” It is also “What am I agreeing to close?” See Ohio’s settlement statute, ORC 4123.65.

The chart below is often called an Ohio workers’ comp settlement chart. More precisely, it lists selected scheduled-loss benefits under ORC 4123.57(B). It does not place a settlement value on every injury to that body part.

The weekly rate matters. The current scheduled-loss provision uses the statewide average weekly wage, rather than the worker-specific percentage PPD formula. The applicable rate and law for the claim must be checked before converting weeks into dollars.

Partial losses have specific statutory requirements. They are not all calculated by multiplying the full award by any percentage of impairment. A back strain, a surgically repaired knee and the qualifying loss of a leg do not fall into the same category merely because each involves an injury.

A percentage PPD application, commonly called a C-92, asks the BWC to determine permanent impairment from the conditions allowed in the claim. ORC 4123.57(A) generally uses 200 weeks multiplied by the awarded percentage, with special rules at very high percentages. The weekly rate is two-thirds of the worker’s average weekly wage, capped at one-third of the statewide average weekly wage.

The filing rules also matter. The statute generally provides a 26-week waiting period measured from the relevant last compensation/wages-in-lieu payment or, when those payments were not made, the injury or occupational-disease date. Reaching maximum medical improvement is not the statute’s only timing test.

A PPD award can apply even after a return to work. Read our Ohio permanent partial disability guide for the application and medical-evidence process.

A useful review starts with the claim file rather than an online average. Two people with the same diagnosis can have different allowed conditions, earnings, treatment plans and ability to work.

• Allowed conditions: compare the BWC orders with the diagnoses your physicians are treating. A disputed or missing condition can affect the benefits available.
• Future care: ask the treating physician about recommended procedures, medications, therapy and follow-up visits. Identify who would pay if medical benefits are settled.
• Work capacity: compare written restrictions with the physical demands of the job and realistic return-to-work options.
• Remaining benefits: review unpaid compensation and potential temporary total disability, PPD or other benefit applications before resolving them.
• Evidence and disputes: identify which parts of the claim are well supported, contested or still missing a medical opinion.
• Net proceeds: ask for an explanation of fees, expenses and any required allocations, so you understand the amount available to you.

For example, an offer can look attractive until a recommended operation is compared with the medical benefits being closed. The same dollar amount may have a different practical effect if medical coverage remains open. Those are terms to resolve before signing.

Settlement may be discussed when an offer arrives, treatment needs change or a return-to-work plan becomes clearer. Bring information about ongoing payments and immediate financial obligations as well as the offer. Compare those needs with future care and the benefits being resolved; a lump sum is not automatically a better choice than continuing eligible payments.

For a state-fund settlement under ORC 4123.65, the 30-day period runs after the BWC administrator approves the settlement. For a self-insured settlement, it runs after the employer and employee sign the final agreement. Consent can be withdrawn during that period subject to the statute’s rules and exceptions.

The Industrial Commission also reviews whether the agreement is clearly unfair. The 30-day period is not a promise that a check will arrive exactly 30 days after you accept an offer. Gathering signatures, approval and payment processing can add time.

Keep a copy of the complete agreement. Confirm the covered claim numbers, which medical and compensation benefits are being resolved, and any obligations that continue after payment.

A workers’ compensation lump sum can affect Social Security Disability Insurance payments. The Social Security Administration’s workers’ compensation offset guide (PDF) explains why a lump sum may be treated differently from ordinary savings.

Medicare is a separate issue. If the agreement resolves future medical expenses, Medicare’s interests must be considered. A Medicare set-aside may be part of that analysis, but not every settlement requires submission to CMS for review. See the CMS guidance on workers’ compensation Medicare set-asides.

Bring information about your benefits and Medicare status to the settlement review. The gross offer should not be evaluated without considering these interactions.