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Temporary Total Disability

Temporary Total DisabilityA temporary total disability is a significant workplace injury that stops you from doing work for an extended length of time, but you are eventually able to return to work. If this circumstance applies to you, workers' compensation benefits for temporary total disability may be appropriate for you.

If you were injured at work, the workers' compensation attorneys at Bellotti Law Group P.C. can assist you in obtaining temporary total disability benefits in Boston, Massachusetts. We are experienced attorneys that have dealt with claims at every level of the complicated legal procedure, and we can help you with your journey. 

How Does Temporary Total Disability Worker Compensation Work?

Temporary total disability compensation is regulated under Chapter 152, Section 34 of the General Laws of the Commonwealth of Massachusetts. If you are injured on the job, these benefits can cover your medical costs and loss of income. Benefits are estimated at 60% of your gross weekly average wage.

If you have been injured at work, or you have gotten ill from your work, workers' compensation is required in Massachusetts for these injuries. All injured employees may be eligible for benefits to pay medical expenditures. The sum of the benefits is determined by the severity of your injuries. A temporary total disability is defined by the fact that you will be able to return to work at some point, even if it is not the same job you had before the accident.

What are the Temporary Total Disability Benefits?

Workers with temporary total disability benefits can receive up to 60% of their average weekly wage before their injury or illness. The amount you receive each week is set by the state's maximum weekly compensation rate. Unlike permanent and complete disability compensation, there is a time restriction on how long you may receive benefits for temporary total disabilities. Benefits for temporary total disability last up to a maximum of three years.

A worker must become unable to work for at least five days in a row to collect wage benefits. Unless your disability lasts more than 21 days, there are no wage benefits for the first five days. For instance, if you are out of work for 18 days due to a temporary total disability, you will only get wage benefits for 13 days. If your disability lasts more than 30 days, you will be entitled to wage benefits for the whole period.

What are Settlements?

A settlement may be possible for you to receive from your insurer (and, in certain instances, your employer). The settlement is a lump-sum payment, instead of a weekly wage that you would have been entitled to overtime. Settlements aren't guaranteed in every instance. Often, settlements are rigorously negotiated and subjected to administrative judge approval. If you reach a settlement with an insurer, it is assumed that for every 15 hundred dollars you receive, you are unable to work for one month.

How Do Appeals Work?

If your worker's claim for benefits is denied, you have the right to appeal to the state's Department of Industrial Accidents (DIA). Healthcare evidence that proves the injury and links it to workplace activity must be included in your claim form. After submitting your claim form, the DIA convenes an informal meeting with you, your lawyer, and your insurer's lawyer. If an agreement cannot be made, the case is sent to an administrative judge for an informal conference. After taking into account witness testimony and other evidence, the court issues an order.

If either side disputes the order, they can request a full hearing to challenge it. After that, the judge will make a new ruling, which can be challenged to a review board and eventually to the Massachusetts Court of Appeals.

Contact Our Workers Compensation Attorney

If you or a loved one has been injured due to work related activities, it is critical that you contact the Bellotti Law Group P.C. for more information on how a workers' compensation attorney may assist you with your total disability claim. 

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Could not have been happier with Attorney Peter Bellotti and everyone at Bellotti Law Group. I had a very difficult case, but Peter was relentless. He saved me and my family, big time, when the situation looked very bad. I was recommended to Peter and was told he was the best attorney in Boston and now I see why, 100%. Thank you Peter! John F.
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