Temporary Vs. Permanent Disability In Massachusetts

There are many situations in which a workplace injury can lead to a disability, which could either be temporary or permanent in nature. The distinction is very important for those who have been injured, as they navigate the legal process and try to determine what type of financial benefits they may deserve.

Here at Pierce, Pierce & Napolitano in Salem, we have extensive experience in both of these areas. Our seasoned attorneys can help you explore all your legal options under Massachusetts law. We also work on a contingency fee basis and offer free consultations. You can meet with one of our lawyers to get the process started with absolutely no risk. We are dedicated to our clients and will fight for your rights. Hablamos Español.

Temporary Total Incapacity

To begin with, if your injury keeps you out of work for a minimum of six days–even if those days are not consecutive–you may qualify for temporary total incapacity benefits. These can last for up to three years. Typically, workers are paid 60% of their weekly average wage.

There are also options for partial incapacity, which means a person can still work, but at reduced hours or responsibilities. Perhaps they used to work 40 hours per week and can now only work for 20 hours. If they earn less as a result, partial incapacity benefits can help cover the lost earning capacity–up to 75% of what their total incapacity benefits would be.

Permanent Incapacity Benefits

In some cases, workers will never be able to return to their job and are permanently incapacitated. In cases of total incapacitation –meaning they cannot work at al–benefits can be approved for as long as the disability lasts, which may be for life. Generally, workers receive two-thirds of their weekly average wage.

Call For A Consultation

The above gives you a general idea of how these benefits work, but every case is unique. It is very important to work with medical professionals, especially when determining how long the disability will last and how complete it is. At this crucial time, it can help to have an experienced law firm on your side. Get in touch with us at 978-935-4632 or by using the online contact form to set up your free initial consultation today.