Salary-continuation policies only address the claim’s compensation portion. The Ohio Bureau of Workers’ Compensation (BWC) still pays medical benefits for state-fund claims and the self-insuring employer pays medical benefits for self-insured claims. Ohio law prohibits state-fund employers from paying medical benefits in lost-time claims.
Q. What is salary continuation?
A. Following a work-related injury or illness, including claim reactivation, an employer may offer to continue paying an injured worker his or her regular (full) salary/wages and benefits. The employer pays the injured worker’s full salary or wages instead of BWC awarding TT compensation. BWC calls these wages salary continuation. Agreeing to pay salary continuation does not mean the employer certified the workers’ compensation claim or the employer lost any rights to appeal the claim.
Q. Does the injured worker have the right to choose if he or she wants salary continuation instead of receiving TT benefits?
A. The injured worker is not required to accept salary continuation wages in lieu of TT unless there is a contractual agreement to do so. To receive salary continuation, the worker needs to be an employee of that employer.
Q. Will there be an interruption in the injured worker’s wages from the time of the injury?
A. The injured worker’s paycheck should continue on the same pay-day schedule as if the injured worker was continuing to work. Prior to allowing the claim, the employer should communicate to the worker and BWC the employer’s intent to pay salary continuation. This will help the worker maintain her or her pay schedule.
Q. Can an employer pay salary continuation once an injured worker receives TT?
A. No. After an employer pays TT in a claim, an employer cannot pay salary continuation. except in cases where an employer has a contractual agreement for salary continuation.
Q. What does salary continuation include?
A. It includes holiday pay, pay raises, shift differential that is part of the worker’s regular wages, vacation leave and other types of leave the worker accrues while working. The employer decides whether to pay overtime, bonuses or piece work. If the injured worker works varied hours or does not receive a regular hourly rate, the employer determines the worker’s salary based on an average. If the worker disagrees with the amount the employer is paying or decides to not take salary continuation, the worker can choose to receive TT. The worker should then contact his or her assigned BWC claims service specialist.
Q. What are differences between receiving salary continuation and TT benefits?
A. The worker receives his or her full wages during salary continuation. The injured worker does pay taxes on salary continuation. While receiving TT, the worker receives 72 percent of his/her full weekly wage during the first 12 weeks after the injury/illness and 66 2/3 percent of his/her average weekly wage during the remaining weeks. The injured worker does not pay taxes on TT.
Q. Will the injured worker continue to receive wages if he or she has a second job the worker can’t work because of his or her injury or illness?
A. The employer has the option of paying wages for the second job. If the employer pays salary continuation but decides to not pay wages for the second job, BWC will then pay compensation only for loss of wages in the second job. BWC will determine the compensation amount based on the wages for the second job, and the TT minimum and maximum amounts for the injury year.
Q. What if the employer does not comply with the salary-continuation agreement?
A. BWC will immediately begin an investigation and consider paying compensation. The agreement will remain in effect if the employer agrees to make the necessary adjustments to comply with the agreement within 48 hours (two business days) after receiving notification from BWC. If the employer does not make the necessary changes within 48 hours, BWC will begin gathering supporting medical evidence. BWC may then issue an Order to pay compensation and make the appropriate revisions.
Q. Will the injured worker continue to receive wages if he or she has a second job the worker can’t work because of his/her injury or illness?
A. The injured worker should notify his or her employer of the worker’s inability to work the second job, so the employer can determine appropriate benefits. The worker should be prepared to provide earnings statements from the second job and proof he or she cannot work it due to the allowed conditions and restrictions in his or her claim.
Q. What if the employer does not comply with the salary-continuation agreement?
A. The injured worker can file a complaint with BWC’s self-insured department by calling 1-800-OHIOBWC, and pressing option 2 and then option 3.
For more information about salary continuation in a specific claim, please contact your local claims service specialist. For general information, call BWC’s stakeholder relations regional representatives Janet Wilks at (614) 466-4722 or Kevin Quinn at (330) 430-1985.
