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Partial Disability

After a major work injury, many employees seek treatment, hoping to return to work. However, many people realize that they are unable to continue working after their treatment. If you find yourself in this circumstance, you should seek legal advice. Workers' compensation may qualify you for partial disability benefits.

You may be eligible for workers' compensation benefits if you were partially disabled as a consequence of a job injury or illness. Bellotti Law Group P.C. has experienced attorneys that have helped numerous clients receive workers' compensation benefits. This includes healthcare benefits, lost time or temporary total disability benefits, and permanent disability benefits. Our experienced attorneys can help you get the benefits you need.

What is a Partial Disability?

Workers' compensation benefits may be available if you are injured on the job, and lose at least five days of work. If you experience a work-related injury, a Massachusetts employer is required to have some sort of coverage. You may file a claim for benefits. These benefits include medical expenditures connected to the injury, as well as a portion of your lost income. The amount of compensation you are eligible for is determined by whether the injury left you partly, permanently, or temporarily and fully disabled.

You may be entitled to partial disability benefits if you are injured on the job and are still capable of working. If you can continue working after an injury, but at a decreased earning capacity, he or she may fall into this group. You may need to change occupations or work fewer hours, for example. This type of damage would have lowered your earning potential but not eliminated your ability to work. If you are partially disabled, you may be eligible for workers' compensation benefits.

What Benefits Can Be Received?

Medical treatment and wages connected to the injury are included in partial disability benefits. You may be entitled to compensation for reasonable medical expenditures as a result of the harm, such as surgeries, rehabilitative treatment, and prescription drugs.

You may also be eligible for wage benefits. If you are partially disabled, you might get 60% of the difference between your weekly wage before the injury, and the amount you can earn after the injury. If you had experienced a temporary complete disability, the maximum compensation available to you can’t exceed 75%.

The amount of money you receive after an injury is determined by many factors. These factors include whether the employment you had is still open to you, and the amount of work you can perform given your injury. Another factor is how much money you could get if you switched to another accessible job. If you have a job opportunity, and you can execute it given the degree of your injuries, it is considered appropriate to take it.

Wage benefits for partial disability last up to five years. In some situations, you may be able to prolong them. A judge has the ability to extend your total disability payments to a maximum of seven years. If you have a permanent and total loss of 75% or more of certain bodily functions, such as eyesight, or if you get a life-threatening illness or debilitating disease, the payments may be prolonged for up to 10 years.

What is My Earning Capacity?

If you are not entirely disabled, a judge can determine earning capability based on a variety of criteria. Criteria is based on factors such as your vocational retraining potential, the degree of the injury, your age, education level, and previous relevant work experience. The state's minimum wage is frequently used by judges as an indicator of earning capacity.

What is Vocational Rehabilitation?

The Office of Education and Vocational Rehabilitation may get in touch with you to discuss whether vocational rehabilitation is appropriate for you. These approaches are meant to help you return to your prior earning capacity. Retraining, counseling, and job placement assistance is all part of vocational rehabilitation, and may be available for you through the office. You must attend a meeting if you are approached about one. If you don’t attend a meeting, you might lose your workers' compensation benefits.

Contact Our Massachusetts Workers Compensation Attorney

Returning to work after a workplace injury can be difficult. Bellotti Law Group P.C. can assist you in developing a long-term strategy to ensure that you are adequately compensated for your partially disabling injury and that the insurance company does not undervalue you.

Call the Massachusetts Workers Compensation Attorneys at Bellotti Law Group P.C. for a discussion if you've been injured on the job and have concerns about the best way to get back to work.

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