Types of Disability
As far as the money benefits (aka the wage replacement benefits), there are two main disabilities: total disability and partial disability.
Total disability can be one of two things in Massachusetts. It can be temporary in total. That means you’re totally disabled now, but perhaps at some point, you’re condition is going to improve. That provides 60% of your average weekly wage taken tax-free. If that disability becomes permanent that somebody will never work again, then you file a claim for permanent total, and those benefits are 66.7% of your average weekly wage. That wage is paid over your life expectancy as deemed dictated by the Social Security Administration.
The other kind of benefit is a partial disability. Partial disability is when somebody is injured, but they can still do some kind of work. It’s a maximum 75% of the 60% that somebody was receiving on the temporary total. That figure varies because some people can go to work, and some people may have a higher earning capacity. The partial disability benefits can vary greatly per the individual.
Benefits You are Entitled To
You are entitled to receive medical benefits and a weekly benefit as an injured worker under Massachusetts workers compensation law.
If you are unable to earn your pre-injury wages for five (5) or more days due to your work injury you are entitled to a weekly benefit in an amount determined by your extent of disability. All Massachusetts workers compensation benefits are paid tax free.
- If you are totally disabled due to your work related injury you are entitled to 60% of your pre-injury wages each week.
- If your total disability is expected to last twelve (12) months or more, you may be entitled to Social Security Disability Payments in addition to your Massachusetts Workers Compensation benefits.
- If your total disability is permanent you would be entitled to receive 66.67% of your pre-injury wages each week in addition to annual cost of living increases.
- If you are partially disabled and able to performed light or restricted duty as a result of your work injury, your weekly benefit will be based on your earning capacity.
Should your weekly benefit be more than you are currently receiving?
The most common issue that arises in a Massachusetts Workers Compensation claim is the extent of disability due to the work injury. How this issue is addressed is crucially important. Your extent of disability determines how much your weekly benefit will be.
Our Workers Compensation Lawyers evaluate your medical evidence, assess your physical limitations due to your work injury, evaluate your work history and demands of your job at the time of injury along with other factors when looking to secure you the maximum weekly benefit the facts of your claim allow. Contact us today for a free no obligation case evaluation by clicking here, or call us at 617-825-0965 to speak with a Massachusetts Workers Compensation lawyer.
You may also be entitled to additional benefits
- Depending on the nature and severity of your work injury you may also be entitled to money for loss of function and disfigurement.
- If your work injury resulted in scarring to your hands, neck and face you are entitled to money based on the severity of your scarring.
- If your work injury has left you with restrictions that prevent you from returning to your prior work you may be eligible for vocational retraining which is designed to return you to suitable employment at a salary equal in measure to your pre-injury wages.
If your Workers Compensation benefits have been denied, or the Workers Comp Insurer is seeking to discontinue your current benefits and wish to have a free case evaluation with a Massachusetts Workers Compensation Lawyer today with no obligation, click here now or call us at (617) 825-0965.
Complete List of Benefits
There are many different types of benefits for workers’ compensation. Contact Fitzpatrick & Associates to learn more about each type:
- Temporary Total Incapacity Benefits (Sec. 34)
- Partial Incapacity Benefits (Sec. 35)
- Permanent and Total Incapacity Benefits (Sec. 34A)
- Medical Benefits (Sec. 13 & Sec. 30)
- Permanent Loss of Function and Disfigurement Benefits (Sec. 36)
- Survivors’/Dependents’ Benefits (Sec. 31)
- Burial Expenses (Sec. 33)