Permanent And Total Disability

When you are hurt on the job, it can be a painful and stressful situation. Fortunately for Massachusetts residents, the workers’ compensation system allows injured employees to recover benefits from his or her employer’s insurer to help compensate for the financial impact of the injuries. Brockton workers’ compensation lawyer Robert C. Shea is experienced in providing advice to many victims of job-related accidents. He is ready to vigorously assert your right to the financial assistance that you need.

Seeking Benefits for a Permanent & Total Disability

As soon as you realize that you have been hurt on the job, you should file a workers’ compensation claim, which will provide notice to your employer. The employer’s insurance company will then schedule a medical examination to evaluate your injuries. The doctor who performs the examination will consider two metrics: whether your injury is temporary or permanent, and whether it is partial or total.

There are many relatively common types of on-the-job injuries, such as falls, car crashes, and accidents involving defective or malfunctioning equipment. In addition, serious harm may result from repetitive movements over long periods of time or other degenerative conditions. The type of injury that you sustain will be a critical consideration in determining the amount of benefits to which you are entitled. Since a permanent and total disability is the most severe classification of injury, an employee who suffers this type of injury will receive the highest level of benefits.

Permanent and total disability benefits are available pursuant to Section 34A of the Massachusetts workers’ compensation laws. For an injury or condition to fall into this category, the worker must have suffered harm while on the job and must be unable to perform any type of work, including the responsibilities that they were required to conduct at the time they were hurt. This type of injury is contrasted with a temporary and total disability, which renders the injured employee unable to perform his or her job duties for only a limited period of time.

When calculating the benefit payments that an employee with a permanent and total disability will receive, Massachusetts law requires that he or she receive two-thirds of the average weekly compensation that he or she earned during the 52-week timeframe leading up to the injury or illness. Each October, the state of Massachusetts enacts certain minimum and maximum benefit payment rules that apply to this calculation. Certain adjustments may also be made for the rising cost of living on an annual basis.

Consult a Dedicated Brockton Lawyer for Your Workers’ Compensation Claim

The workers’ compensation system can be difficult to navigate, especially if you are coping with devastating injuries and dealing with the challenge of being unable to handle your job responsibilities. Experienced Brockton workers’ compensation attorneys at The Law Office of Robert C. Shea, P.C. can offer compassionate and knowledgeable legal counsel at each step of your claim, including the pre-filing investigation process and any appeals that may be necessary. He also represents people in Stoughton, North Easton, South Easton, and other communities throughout Plymouth, Norfolk, and Bristol Counties. Call us at 617.674.0408 or contact us online for a free consultation with an injury attorney