Can I Receive Workers’ Compensation Benefits if I Am Partially Disabled in Massachusetts?

Workers’ Compensation may be available for those injured at work who cannot work in the same capacity. Some are so badly injured that they are totally disabled and cannot work at all for a while or forever. Others are partially disabled and can still work but to a lesser extent, usually earning less income. Workers’ Compensation may be available even if your disability is partial rather than total.

Proving a partial disability can be tricky. If you can still work, your employer’s insurance company, which provides Workers’ Compensation benefits, might be less inclined to approve your claim. We will need proof of your injuries and diminished capacity for work to get you the benefits you need. In some cases, injured workers might also be eligible for other benefits, like Social Security Disability Insurance (SSDI). Talk to a lawyer about how to apply for benefits.

Receive a private case review for no cost by calling the Law Office of John J. Sheehan at (617) 925-6407 and speaking with our Boston Workers’ Compensation attorneys.

Workers’ Compensation Benefits for Partial Disabilities in Massachusetts

People with partial disabilities often cannot work to the same extent as before their disability. They might have to perform the same job in a diminished capacity or find new work that is less demanding and might pay less. In either scenario, you may claim Workers’ Compensation benefits.

Workers’ Compensation may be available for those with total or partial disabilities. On top of that, your disability may be permanent or temporary. Even a partial disability that is only temporary and expected to recover may still be eligible for Workers’ Compensation. Talk to our Massachusetts Workers’ Compensation lawyers to determine if your injuries meet the criteria for partial disability benefits.

According to Mass. Gen. Laws Ch. 152 § 35, a partially incapacitated worker may receive up to 60% of the difference between their average weekly wage from before they were injured and the wages they are currently capable of earning. Benefits are paid out on a weekly basis. For example, suppose you were earning, on average, $1,000 per week before you were injured at work. Next, suppose you can still work but in a lesser capacity, earning only $600 per week, a $400 difference. Under the law, you may receive up to 60% of this difference, which amounts to $240 per week.

How to Prove a Partial Disability for Workers’ Compensation in Massachusetts

Before filing a Workers’ Compensation claim, talk to an attorney about how to handle the application process. These claims can be a bit complicated, as we might need your employer’s cooperation to ensure everything goes as smoothly as possible.

First, we must show that your injuries are sufficiently related to your job. Workers’ Compensation is only available to people injured on the job. For example, if you fell down the stairs at work and broke your legs, you would likely be eligible for Workers’ Compensation. If you fell down the stairs at home and broke your legs, you are probably ineligible and should explore other options for disability benefits with your attorney.

Next, we have to prove the extent of your injuries and how they interfere with your ability to work. While partial disabilities are certainly compensable, they can be a bit more challenging to prove. If the insurance company sees you are still capable of working, they might scrutinize your claims a bit harder before deciding whether you are indeed partially disabled. As such, we should have thorough records of your injuries and medical care from your doctor. We should also have statements or records from your employer describing your working capacity before and after the injuries.

Collecting Disability Benefits and Workers’ Compensation in Massachusetts

If you find yourself with a partial disability that prevents you from working, you might have a few different options for disability benefits to help you during this tough time. Generally, people with a qualifying disability defined under 20 C.F.R. § 404.1505(a) may be eligible for SSDI benefits.

A qualifying disability must be a physical or mental condition that is expected to last for no less than 12 months or end in death. It must also prevent you from performing work that constitutes substantial gainful activity. Even a partial disability might leave you unable to perform substantial gainful activity. If you are unsure whether you qualify, you can check your condition against the listing of impairments maintained by the Social Security Administration (SSA).

If your injuries and disability arose from a work-related accident, you might also be eligible for Workers’ Compensation. Partial disabilities may be eligible for Workers’ Compensation, but the benefits might be reduced if you can perform other work.

Since SSDI and Workers’ Compensation benefits are not based on financial need, receiving one does not disqualify you from receiving the other. You may be eligible for both at the same time. However, your Workers’ Compensation benefits might offset your SSDI benefits depending on how much they are worth.

How a Lawyer Can Help You Apply for Workers’ Compensation for a Partial Disability in Massachusetts

Workers’ Compensation claims tend to begin almost immediately. After an accident, injured employees should notify their employers immediately. When the employer is notified, they must document the accident and the employee’s injuries and send a notice of the accident to their insurance company. This creates an official record and paper trail for the insurance company.

It is best to get a lawyer to help you as soon as you are injured, just in case your employer does not follow proper protocol. Sometimes, employers do not notify insurance companies to begin the claims process. In others, they might not carry the necessary Workers’ Compensation insurance as required by law. Your attorney can make your employer hold up their end or begin the claims process on your own.

Even if you do not encounter problems with your employer, your attorney can help you make sure that any documentation submitted as part of your claim is complete and accurate. This can help you avoid making mistakes or errors that could delay or hinder your benefits.

Speak to Our Massachusetts Workers’ Compensation Lawyers for Assistance

Receive a private case review for no cost by calling the Law Office of John J. Sheehan at (617) 925-6407 and speaking with our Malden, MA Workers’ Compensation attorneys.