Some on-the-job injuries result in a total loss of function, making it virtually impossible for an injured worker to work in any capacity. In other cases, an injury is more localized. A partial disability may be either permanent or temporary in nature. Let’s first look at an example of a partial disability.
A worker is employed for a package handling service near Boston Logan Airport. He is working near a conveyor belt that is not properly guarded and gets his sleeve caught in the mechanism. His arm is seriously injured and partially amputated by the machinery.
He is rushed to the hospital, where, unfortunately, doctors must complete the amputation and remove his right arm completely. He will need to undergo a lengthy recovery period and physical and occupational therapy, along with pain management. During this period of time, he is suffering from a total disability, because he cannot return to work in any capacity.
This will likely be a temporary permanent disability because he will eventually be able to return to some type of employment, once he has completed occupational therapy. During the time in which he is recovering, he is entitled to temporary permanent disability (TPD), which can include lost wages, medical bills, and the cost of rehabilitation.
At this point, he can apply for partial incapacity benefits. In the Commonwealth of Massachusetts, the Executive Office of Labor and Workforce Development (EOLWD) allows for such benefits for workers who can still work but lose partial earning capacity because of an on-the-job injury or work-related illness.Calculation of Partial Incapacity Benefits in Massachusetts:
In Massachusetts, EOWLD sets maximum partial incapacity benefits at 75 percent of what the injured workers’ total temporary benefits would be, had it not been for the partial disability. For example, if a worker earns $400 per week as a total temporary disability benefit, the maximum allowable benefit would be $330.00 ($400 x .75= $330).For How Long Can You Receive Partial Incapacity Benefits?
Under EOLWD guidelines, workers suffering a partial incapacity can receive benefits for up to 260 weeks.
At the Law Offices of Jeffery S. Glassman, LLC in Boston, our legal team understand the process can be very confusing to injured claimants, and it may appear as if it will be difficult to obtain a full and appropriate workers’ compensation award. This is especially true when workers’ are supposed to be concentrating on making a recovery, and the last thing they need is to be on the phone or going to a government office to deal with a bureaucratic headache.
The best thing you can do if you have been injured on the job is to contact a Massachusetts workers’ compensation attorney who has experience and regularly represents clients in your situation. You want somebody who is on your side, fighting for your rights, while explaining the process and keeping you updated at all times. This will allow you to focus on what is important.
It will be most helpful for you to contact an attorney as soon as possible after a work injury occurs. The sooner you have experienced legal representation looking out for your best interests, the better the likely outcome.Work Injury - (617) 367-2900 -- Free Consultation