Garson Johnson Law Blog

How much do I get paid on workers comp in Ohio?

Great question! It is a common question asked to our workers comp attorneys and staff. Many variables affect how much you get paid for workers comp like your wages, overtime, commissions, missed weeks of work within the last year, and other circumstances unique to each individual.  Here we try to give you the basics. Remember, to get individual and accurate information for your situation, call us to schedule a meeting or phone consult with an attorney.

How much do I get paid on workers comp in Ohio? 

  • Depends on your income prior to the injury
  • First 12 weeks of missed work, 72% of your Full Weekly Wage (FWW)

(FWW) = Your wages or income for 6 weeks prior to injury including overtime divided by 6 weeks or 1 week prior to the date of injury excluding overtime – whichever is greater.

  • After 12 weeks of missed work, 66 2/3% of Average Weekly Wage (AWW)

(AWW) = Your wages or income for 1 year prior to injury divided by 52 weeks.  However, if you did not work for a full year prior to the date of injury, you may qualify for a “special circumstance exception”.  There are many arguments that may be made under “special circumstances” but we would need to speak to the injured worker to determine whether or not they qualify.

Important things to know about receiving workers comp:

  • Need proof (pay stubs) of your wages for ONE YEAR prior to your injury date.
  • Provide wage documentation to attorney ASAP! Workers comp will NOT be paid until your wages are accurately set.
  • A cooperative employer MAY provide wage information. If not, we need you to get proof of earnings!
  • Understand Ohio BWC has minimum and maximum wage rates for each calendar year. Those change every calendar year. Your wages are set based upon the year you were injured not the year you are receiving the disability payment.

*For more information, visit the BWC website at https://www.bwc.ohio.gov/downloads/blankpdf/temptot.pdf

**The information you obtain on this blog is not intended to be individual legal advice. Every situation may be unique and have exceptions or changes in the calculation. You should consult an attorney for advice regarding your individual situation.

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Thanks to the hard working men and women of Ohio for allowing us to serve you. The workers comp system is very challenging. By no choice of their own, workers find themselves injured, off work, and desperate for answers and treatment. We are honored to focus on our clients not just their legal case. The best complement we receive is a referral from existing clients. The second best is their words of thanks and appreciation.

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