Permanent and Total Disability
When workers in Massachusetts become permanently or totally incapacitated from work, they are compensated with workers compensation. Workers compensation can cover medical bills and lost wages. The amount of money an injured or sick worker can earn is determined by the degree of their disability.
If you or a loved one has been injured in a work accident, you may be dealing with mounting medical bills, or long-term economic loss. It is critical to contact our Boston personal injury attorney with extensive expertise in workplace accident cases at the Bellotti Law Group P.C., as soon as possible.What is a Permanent and Total Disability?
Certain injuries are so severe that the worker will never be able to work again. The following are some of the most prevalent injuries that render a worker fully and permanently disabled:
- Traumatic Brain Injury
The Massachusetts Workers' Compensation Act (M.G.L. c. 152) offers weekly compensation benefits for injured employees who are permanently and totally unable to work. The worker’s compensation claim should be prepared by an attorney. This involves ensuring that the injured worker sees the right doctors, receives the right treatments, and that the medical reports have the proper terminology. The claim will subsequently be pursued at the Department of Industrial Accidents (DIA). Claims are frequently rejected, and you will need an attorney to go through the appeals process to get you the compensation you need.How Do You Prove a Permanent and Total Disability?
An insurance adjuster and a court will examine a couple of factors when considering a claim for complete and permanent disability:
- Work experience: The court, adjuster, and lawyers will examine the injured worker's work history to determine whether they can return to previous employment. If an injured worker can no longer perform the job in which they were injured, as well as any previous work, they are likely to be classified as Permanently & Totally Disabled.
- Workers age: The higher the age of the worker is, the more probable they are to be regarded permanently disabled. This is because when older workers have been subjected to damage, they heal at slower rates than younger workers.
- Knowledge: The lower a person's education, the more likely they are to be regarded as permanently and totally disabled. A worker who dropped out of school is more likely than someone with a graduate degree to be found disabled. Someone with a university degree may be able to work a job with a low level of physical labor (such as a desk job), while a GED holder would not be able to acquire these job opportunities as easily. Experienced lawyers use educational levels to their clients' benefit.
- Transferable Abilities: The insurer and the judge will determine whether the injured worker's skills are transferable to other occupations in the economy. The less likely these skills are transferable, the more likely someone will be classified as Permanently and Totally Disabled.
- Injury: The extent of the injury is the most critical element in deciding if an injured worker is Permanently and Totally Disabled. The more severe the injury, the more likely a person is to be classified as Permanently and Totally Disabled.
While not all badly injured employees are entitled to permanent and total disability benefits, consulting with an experienced Massachusetts attorney is the best approach to find out whether you are.
An expert attorney can assess your work accident case and health records to see if you qualify for the greater weekly rate of disability benefits. If an attorney believes you are entitled to these benefits, they will know how to proceed legally to protect you and acquire them. To schedule a consultation, call the Bellotti Law Group P.C. immediately.