Partial Disability

Nearly any work-related injury, no matter how small it may seem, can cause stress and inconvenience. If it prevents you from carrying out the responsibilities of your job or requires you to undergo medical treatment, it can create a major disruption in your personal life and undermine your ability to earn a consistent paycheck. The workers’ compensation system was enacted to help injured Massachusetts employees receive benefit payments to offset the effects of their injuries. This process can be complicated, however, making it challenging to obtain the benefits that you deserve in a timely fashion. Brockton workers’ compensation attorney Robert C. Shea has assisted many injured employees with filing claims for benefits, and he is prepared to do the same for you.

Filing a Claim for Partial Disability Benefits

According to state law, any employer in Massachusetts that has more than one employee must maintain workers’ compensation insurance. An injured employee should notify his or her employer immediately about an accident or illness so that the claims process can be started as soon as possible. Although some injuries are easily recognized, such as broken bones, head injuries, and muscle sprains, other injuries develop over time due to repetitive activities, like carpal tunnel syndrome or back injuries.

The first step in any workers’ compensation claim is a medical examination. There are two critical issues assessed during this exam that will shape the amount of benefits that the employee receives, as well as the duration of the payments. The doctor will determine whether the employee has suffered a temporary or permanent injury as well as assessing whether the disability is total or partial. A total disability means that the employee is prevented from performing the substantial majority of his or her job duties. A partial disability, on the other hand, means that the employee can still perform some of his or her job duties but is operating at a reduced earning capacity. Temporary or permanent refers to the length of time that it will likely take for the injury to resolve, with permanent injuries being those that are expected to last indefinitely.

The time period during which an employee may receive benefits for a partial disability is limited under Massachusetts law to a maximum of five years. This length of time may be extended to 10 years in some limited cases if the employee proves that he or she has sustained a permanent loss of three-quarters of his or her bodily senses or function or is suffering from a permanent and life-threatening physical condition or a permanent and disabling occupational disease. The amount of benefits may not exceed 75 percent of the temporary total disability rate that the worker would be able to receive in the same situation.

Seek Representation from a Brockton Attorney for a Workers’ Compensation Claim

If you have been hurt while on the job, you are entitled to benefits to facilitate your treatment and recovery. Brockton workers’ compensation lawyers at The Law Office of Robert C. Shea, P.C. believes that each employee deserves vigorous, thorough, and knowledgeable legal counsel, no matter how minor and temporary an injury may be. He serves workers throughout Norfolk, Bristol, and Plymouth Counties, including in North Easton, South Easton, and Stoughton. Call us at 617.674.0408 or contact us online to schedule a free appointment with an injury attorney.