Understanding Permanent vs. Temporary Disability in Workman’s Comp Cases
Not every workplace accident leads to a disabling injury. However, when an injury prevents you from working, you may qualify for workers’ compensation benefits.
In this article, we’ll break down the types of disability benefits available under workers’ compensation and what injured workers should know.
Temporary Disability
Temporary disability benefits cover work-related, non-permanent damage, such as:
- Sprains
- Broken bones
- Surgical recovery
- Back injuries
What It Is
Temporary disability benefits begin after a 5-day waiting period, and those days are retroactively paid if the disability lasts 21 days or more. The Massachusetts government states: “Your age, training, and experience are considered, and the days do not have to be consecutive.”
Benefits
There are two types of temporary disability benefits in Massachusetts:
- Temporary Total Disability Benefits: For workers who are completely unable to work during the time of their disability. Benefits are calculated at 60% of your average weekly wage (AWW).
- Temporary Partial Disability Benefits: For workers who can work in a limited capacity during their disability. Benefits are calculated at 60% of the difference between your AWW on the date of your injury and the amount of your earnings after your work injury.
How Long You’ll Receive Benefits
Temporary total disability benefits are available for up to 156 weeks beginning on day six of your disability.
Temporary partial disability benefits are available for up to 260 weeks.
Permanent Disability
Permanent total disability benefits are paid to workers who have been injured while performing a work-related task and are unlikely to return to any type of gainful employment in the future. Examples include:
- Paralysis
- Traumatic brain injury
- Amputation
- Permanent loss of vision or hearing
- Disfigurement
What It Is
Permanent disability benefits are money paid to workers who are permanently unable to work due to a work-related injury. According to Massachusetts law, “You do not have to wait until your temporary benefits finish before applying for permanent benefits.”
Benefits
There are two types of permanent disability benefits in Massachusetts:
- Permanent Total Disability Benefits: For workers who are totally unable to work, in any capacity, now or in the future. Benefits are calculated at 66.67% of the AWW.
- Permanent Partial Disability Benefits: For workers who can still work but have lost part of their earning capacity due to a permanent injury. Benefits are calculated at 75% of the worker’s temporary total benefit rate.
Your total disability benefits are also eligible for annual Cost-of-Living Adjustments (COLAs).
How Long Will You Receive Benefits
If you qualify for permanent total disability benefits, you may receive payments for as long as you remain unable to work, which can be for the rest of your life.
Specific Injuries
Some work-related accidents result in severe, life-altering disabilities such as scarring, loss of function, and disfigurement. Additional compensation can be paid for these injuries under Section 36 of Massachusetts law and is typically issued as a single lump sum to the injured worker.
Benefits
The benefits you’ll receive will depend on a number of factors. In some permanent total disability cases, you may receive these benefits for life.
For scarring:
- Must be considered permanent
- Must be on the face, neck, or hands
For loss of limb:
- Which limb or limbs
- How much of the limb was lost
- For fingers, how many and which fingers
- Loss of one or both ears
For loss of vision:
- Loss of eye(s)
- Other forms of vision loss
- Whether artificial eye(s) can be used
What a Lawyer Can Do
Your employer and their insurance company don’t want to pay a cent more than necessary if you’re injured due to a work-related accident. While they try to prove that you’re not as hurt or disabled as you claim to be, you’re still suffering – and not working.
This is where a qualified, experienced workers’ comp attorney comes in. They have the legal knowledge, negotiation training, and tenacity to keep fighting for the maximum amount of benefits you’re owed.
Trust the Experienced Workers’ Comp Lawyers in Massachusetts
If you’ve been in a workplace accident, don’t try to take on the system by yourself. The workers’ compensation lawyers at Lipsey & Clifford, Attorneys at Law will fight for the benefits you deserve.
