Prepared by Justice Law Firm — Call (614) 543-1320 for a confidential consultation.
For some Ohioans, a work injury or occupational disease is so severe that returning to any sustained, paid employment is no longer possible. In those cases, Permanent Total Disability (PTD) benefits are intended to replace lost earning capacity and provide long-term financial protection.
This guide explains what PTD is, who qualifies, how to apply, what to expect at the Industrial Commission (IC), how the benefit is calculated, and important deadlines—all based on current Ohio law and official IC/BWC guidance. For tailored advice on your situation, contact Justice Law Firm at (614) 543-1320.
What is PTD in Ohio?
Under Ohio law, PTD compensates an injured worker who, because of the allowed conditions in the claim, is unable to perform any sustained remunerative employment. PTD is paid for life, subject to statutory rules.
There are two pathways to PTD:
- Traditional (Impairment-Based) PTD – granted when the medical impairment from the allowed conditions, considered with the worker’s age, education, and work history, prevents all sustained employment.
- Statutory PTD – an automatic award when specific losses exist (for example, loss or loss of use of both hands, arms, feet, legs, eyes, or any two of those). Vocational factors are not required for this pathway.
Important: If Traditional PTD is granted, the worker may not return to work in any capacity.
How to Apply
Form to file: IC-2, Application for Permanent Total Disability. The form and filing instructions are on the IC website and at local IC offices.
Medical evidence required: An accompanying physician’s report must explain the functional limitations caused by the allowed conditions. The examination supporting that report must be within 24 months before filing. Applications that lack required medical evidence can be dismissed without a hearing.
Need help assembling compliant medical evidence? Justice Law Firm coordinates with your treating providers to ensure the record is complete and timely. Call (614) 543-1320.
What Happens After You File
- Employer evidence window. After the IC acknowledges your application, the employer has a set period to indicate whether it will submit medical evidence and up to 60 days to file it. Either party can request reasonable extensions.
- IC examinations. The IC schedules one or more exams with its specialists after the employer’s evidence window closes.
- Vocational submissions. If a party wishes to add vocational information, it must notify the IC within 14 days of the IC’s vocational letter and then submit the materials within 45 days of that letter. Late vocational evidence may be excluded.
- Tentative orders. If all filed medical evidence is consistent (no conflicts), the IC may issue a tentative order granting or denying PTD. Parties have 14 days to object; otherwise the order becomes final.
- Hearing. If needed, a Staff Hearing Officer conducts the PTD hearing. Parties receive at least 14 days’ notice. New evidence generally is not admitted at the hearing; it must be filed within the earlier deadlines. A written order follows by mail.
How PTD is Calculated and Paid
PTD is calculated based on your Average Weekly Wage (AWW), subject to maximum and minimum thresholds tied to the Statewide Average Weekly Wage (SAWW). The exact amount depends on whether you receive Social Security Disability (SSD) and how your AWW compares to statewide limits. PTD generally ranges between 50% and 100% of the SAWW. BWC uses specific formulas to determine your “declared rate,” factoring in SSD and other payments. PTD generally continues for life.
Social Security Disability (SSD) can reduce the PTD rate in certain situations. BWC ensures that combined PTD and SSD payments do not exceed statutory caps. PTD is not recalculated upward if SSD benefits increase later, but it may be recalculated downward if SSD is reduced or ends.
Disabled Workers’ Relief Fund (DWRF)
If a PTD recipient’s combined benefits fall below a statutory threshold, DWRF provides a monthly supplement to preserve a minimum income level. Eligibility is reviewed administratively after a PTD award—no separate form is required.
Key Evidence Tips
- Use recent medical: Ensure your treating physician’s PTD report is well-reasoned, ties all limitations to allowed conditions, and is based on an exam within 24 months of filing.
- Mind the deadlines: File all medical/vocational materials before the IC deadlines—late evidence can be excluded.
- Be consistent: Inconsistent medical opinions can trigger hearings and undermine tentative orders; coordinate your submissions.
Justice Law Firm can manage these steps end-to-end. Call (614) 543-1320 to protect your claim.
Frequently Asked Questions
Can I work while on PTD?
It depends on the type of PTD:
- If you are receiving Traditional PTD (based on medical/vocational factors), you cannot return to any sustained remunerative employment. Doing so may result in termination of benefits and could expose you to overpayment or fraud consequences.
- If you are receiving Statutory PTD (based on loss of limbs or senses as defined in law), you may return to work and still receive PTD, provided the work is not related to the conditions that led to the statutory PTD award.
What if my injuries match the “Statutory PTD” list?
If you’ve experienced loss (or loss of use) of both hands, both arms, both feet, both legs, both eyes, or any two of these, you qualify for statutory PTD. This type does not require vocational analysis, and you may be allowed to work depending on your situation. BWC will still apply PTD payment rules, but with flexibility not available in traditional PTD cases.
How long does the process take?
Timeframes vary. The Industrial Commission (IC) sets deadlines for employer evidence, IC medical exams, and vocational reports. If all evidence aligns, a tentative order may be issued before a hearing. If evidence conflicts, a formal hearing is held. Your case may take several months, depending on complexity and responsiveness from all parties.
Why Choose Justice Law Firm
PTD litigation is technical: selecting the right experts, timing submissions to preserve admissibility, and framing Statutory vs. Traditional PTD arguments can decide the case. Justice Law Firm develops the medical and vocational record, manages IC deadlines, and advocates for the full, lifetime benefits the law provides.
Contact Us Today
If you have questions about PTD or your workers’ compensation claim in general, don’t navigate the process alone. Call the Justice Law Firm at (614) 543-1320 to schedule a free consultation, or we invite you to complete our online contact form at any time. We’re here to help you every step of the way.