BOSTON LAWYER FOR DISABILITY IN WORKERS COMPENSATION CASES

Sustaining a work-related injury can have long-lasting consequences, especially when it results in temporary or permanent disability. If your injury prevents you from returning to work—either entirely or in a reduced capacity—you may be eligible for workers’ compensation disability benefits under Massachusetts law. However, obtaining these benefits is often a complex process, and insurers frequently challenge claims to avoid paying out the compensation injured workers deserve.
At Markey Law Partners, we help injured workers in Boston and throughout Massachusetts secure their rightful disability benefits through workers’ compensation claims. Whether you are temporarily unable to work or facing permanent disability, our experienced attorneys can guide you through the claims process, handle disputes with insurers, and fight for the full benefits you are entitled to receive.

Massachusetts workers’ compensation law provides several types of disability benefits, depending on the severity and duration of your injury:

1. Temporary Total Disability (TTD):
   If you’re completely unable to work due to your injury, you may receive 60% of your average weekly wage (AWW) for up to 3 years.
   Example: A construction worker recovering from spinal surgery.
2. Temporary Partial Disability (TPD):
   If you can return to light-duty work but earn less than before, you may receive 60% of the difference between your pre-injury wages and current earnings.
3. Permanent Total Disability (PTD):
   If your injury prevents you from returning to any job, you may qualify for lifelong benefits. After 2 years, these benefits are adjusted annually for cost of living.
4. Permanent Partial Disability (PPD):
   For injuries that result in a permanent loss of function (e.g., amputations, chronic pain), you may receive a lump-sum payment under MGL Ch. 152 §36 based on AMA impairment ratings.
5. Vocational Rehabilitation:
   If your injury prevents you from returning to your previous job, you may qualify for retraining to pursue a new career.

Insurance companies often dispute psychological disability claims. If you’re suffering from work-related PTSD or anxiety, our legal team at Markey Law Partners can help prove your condition and fight for the benefits you deserve.

The amount of disability benefits you receive depends on several factors, including your pre-injury wages, the severity of your injury, and whether you’ve reached Maximum Medical Improvement (MMI)—the point at which further recovery is unlikely.

• Wage Replacement:
  • TTD/PTD: 60% of your AWW, capped at the state’s average weekly wage (SAWW).
  • PPD: Determined by DIA tables (e.g., $30,000 for a 20% arm impairment).
• Medical Coverage:
  • All reasonable and necessary medical treatments, including surgeries, prescriptions, and travel expenses, are covered.

Insurance companies often prioritize their profits over your well-being, leading to denied or undervalued claims. Common reasons for disputes include:

1. Disputes Over Work-Relatedness:
   • Insurers may argue your injury is unrelated to your job or stems from a pre-existing condition.
2. Insufficient Medical Evidence:
   • Lack of documentation tying your disability to the workplace accident.
3. MMI Disputes:
   • Insurers may claim you’ve recovered enough to return to work prematurely.
4. Misclassification of Employment Status:
   • Independent contractors (e.g., gig workers) are often wrongly denied benefits.

Appealing a denied claim or negotiating with insurers can be daunting, especially when you’re focused on recovery. At Markey Law Partners, we handle every aspect of your case, including:

• Evidence Gathering:
  • We secure medical records, expert testimony, and vocational assessments to prove your disability.
• Appeals Process:
  • We navigate DIA conciliations, conferences, and hearings to challenge denied claims.
• Third-Party Lawsuits:
  • If a defective product or negligent contractor caused your injury, we pursue additional compensation outside the workers’ comp system.
• Deadline Management:
  • We ensure compliance with the 4-year statute of limitations for filing claims.

At Markey Law Partners, we believe no one should face the financial burden of a workplace injury alone. Our experienced Boston workers’ compensation disability lawyers are here to fight for your rights and secure the benefits you deserve.

Several years of experience handling complex disability claims.
Personalized attention and tailored legal strategies.
Don’t wait—delaying your claim risks losing critical benefits. Call us today at 877-488-2667 or fill out our online contact form for a free consultation.