Boston Lawyer for Disability in Workers’ Compensation Cases

Boston Personal Injury Lawyer

Disability in Boston workers’ compensation cases means the injured worker is unable to perform his or her job duties as a result of a work injury. In these cases, an injured worker may be eligible for disability benefits.

If you need help managing your workers’ compensation case, consult with an experienced Boston attorney for disability in workers’ compensation cases. They could handle negotiations with insurance companies on your behalf and fight for the benefits you need. Call (617) 925-6407 today to discuss your case.

Types of Disability Benefits in Boston Workers’ Compensation Cases

It can be challenging to receive disability benefits as an injured worker during a workers’ compensation case. The following list contains the types of disability benefits you may be rewarded:

Partial Disability

With partial disability, a person can receive 60 percent of the difference between their pre-injury average weekly wage and their earning capacity, but they cannot receive more than 75 percent of their temporary total disability benefits.

Types of injuries that might lead to temporary partial disability are injuries that are more muscular and are non-surgical, such as neck, back, and shoulder strains. Treatment will be non-invasive and typically will include doctor office visits and physical therapy. There is usually an initial period where the injury is acute but then it starts to improve with treatment. The condition could become more chronic, and the injured worker may reach a plateau.

Light-Duty Accommodations

The employer has the option to accommodate injured workers and let them take light-duty jobs. However, sometimes an employer may not be able to accommodate a worker beyond an initial transition period or at all. This could be a policy of the employer based on risks within the place of employment. For example, the employee could be at risk of further injury or there are other safety considerations.

Temporary Total Disability

Temporary total disability is where a person is totally disabled from all forms of gainful employment. They cannot do their job and there is no other job that they are able to do for the present time and the foreseeable future. It is temporary by statute because the maximum period that a person can receive temporary total disability in Massachusetts is three years.

Someone can have a non-operative injury, such as a muscle sprain or strain that is temporarily totally disabling in the beginning. The injured worker is unable to work, but as the condition improves, he or she can transition to partial disability.

Permanent Partial Disability

There is no permanent partial disability benefit in Massachusetts as far as weekly benefits to an employee. If an injured worker has a permanent impairment or loss of function, they may be entitled to loss of function benefits under Massachusetts General Laws Chapter 152 §36. Using the AMA guides to the evaluation of permanent impairment, a doctor issues an opinion as to the injured worker’s loss of function or permanent impairment rating. Depending on the body part affected, a table and formula published by the Massachusetts Department of Industrial Accidents are used to determine the monetary benefit for the injured worker’s permanent impairment or loss of function.

Injuries that could lead to a finding of permanent impairment may include injuries that do not heal completely. For example, if someone has surgery to the back, neck, shoulder, knee, or ankle and never recovers 100 percent, then they may be eligible for loss of function benefits.

Maximum Medical Improvement

In addition to loss of function, an injured worker who has reached maximum medical improvement (MMI) with residual pain and physical limitations related to the work injury may also be partially disabled and eligible to receive weekly checks for partial incapacity benefits. For example, an injured worker with a shoulder injury may have residual symptoms and limitations of the shoulder and upper extremity. They may be able to do certain things but quickly fatigue.

In another example, a person has an injury such as a disc in their back that is protruding, bulging, or herniated but is not impinging a nerve in the spinal cord. The bulging disc or protruding disc may be inoperable, or the injured worker may decide not to have surgery because it is too risky. An injured worker with an inoperable spinal disc injury will reach MMI and require pain management for chronic back pain.

Consult with a Boston Workers’ Compensation Attorney for Disability Benefits

Workers’ compensation benefits can sometimes become difficult to obtain. Especially when there is a disability in Boston workers’ compensation cases, insurance companies may be reluctant to pay the benefits they deserve. For help with your case, reach out to a dedicated Boston workers’ compensation attorney today at the Law Office of John J. Sheehan at (617) 925-6407.

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Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

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El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

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