PARTIAL DISABILITY SECTION 35 BENEFITS
If you’ve been injured at work but can still perform some job duties, you may qualify for Section 35 Partial Disability Benefits under Massachusetts workers’ compensation law. These benefits ensure you’re financially supported while recovering—even if your earnings are reduced.
At Markey Law Partners, we specialize in helping injured workers navigate complex claims, secure fair payouts, and protect their rights.
What Are Section 35 Partial Disability Benefits?
Section 35 benefits provide financial assistance to workers who can return to work in a limited capacity but earn less due to their injury. Unlike Total Disability Benefits (Section 34), which cover workers unable to work at all, Section 35 is designed for those who can still contribute to their job but face reduced earning potential.
Key Features of Section 35 Benefits:
- Temporary Partial Disability (TPD): For workers recovering from injuries and expected to regain full earning capacity.
- Permanent Partial Disability (PPD): For workers with lasting impairments that limit their ability to earn as much as before the injury.
These benefits are a lifeline for workers balancing recovery with financial stability. However, securing them requires a clear understanding of eligibility, calculations, and the claims process.
Who Qualifies for Section 35 Benefits?
To qualify for Section 35 benefits, you must meet specific criteria under Massachusetts workers’ compensation law:
Eligibility Requirements:
- Work-Related Injury or Illness: Your condition must be directly tied to your job.
- Reduced Earning Capacity: You must demonstrate that your injury has caused a significant drop in your income.
- Medical Evidence: A doctor must confirm your injury and its impact on your ability to work.
- Timely Filing: You must file your claim within the statute of limitations (typically 4 years from the date of injury).
Common Scenarios for Section 35 Claims:
- Returning to light-duty work at a lower wage.
- Working fewer hours due to physical limitations.
- Transitioning to a less demanding role with reduced pay.
If you’re unsure whether you qualify, consulting an experienced workers’ compensation attorney can help clarify your eligibility and strengthen your claim.
How Are Section 35 Benefits Calculated?
Section 35 benefits are designed to compensate for the difference between your pre- and post-injury earnings. The calculation is based on your Average Weekly Wage (AWW) and your current earnings after the injury.
The Formula:
Section 35 benefits = 60% of the difference between your pre-injury AWW and your post-injury earnings.
Important Notes:
- Maximum Benefit Cap: Section 35 benefits cannot exceed 75% of the total disability rate (which is 60% of your AWW).
- Minimum Benefit: There is no minimum benefit amount, but your payout will reflect your reduced earnings.
Understanding these calculations is crucial to ensuring you receive the full benefits you’re
Duration and Limits of Section 35 Benefits
The duration of Section 35 benefits depends on the nature of your injury and your recovery timeline.
Temporary Partial Disability (TPD):
- Duration: Benefits last as long as you’re partially disabled and earning less than your pre-injury wage.
- Maximum Period: Up to 5 years from the date of injury.
Permanent Partial Disability (PPD):
- Duration: Benefits are available for up to 10 years if you have a permanent impairment that limits your earning capacity.
- Maximum Period: 10 years from the date of injury or 10 years from the last payment of total disability benefits, whichever is later.
Caps on Benefits:
- Weekly Maximum: Your Section 35 benefits cannot exceed 75% of the total disability rate.
- Total Maximum: For permanent impairments, the total payout is capped based on the severity of your disability.
Handling these limits along can be challenging, especially when insurance companies attempt to minimize payouts. With the help of our skilled attorney on your side ensures you receive the maximum benefits available under the law.
Application Process for Section 35 Benefits
Applying for Section 35 benefits can be a complex and time-consuming process. Understanding the steps involved can help you avoid delays and ensure your claim is approved.
Steps to Apply for Section 35 Benefits:
- Report Your Injury: Notify your employer immediately after the injury occurs. Delayed reporting can jeopardize your claim.
- Seek Medical Treatment: Visit a doctor approved by your employer’s workers’ compensation insurance. Your medical records will serve as critical evidence for your claim.
- File a Claim: Submit Form 110 (Employee’s Claim) to the Massachusetts Department of Industrial Accidents (DIA).
- Provide Wage Documentation: Submit proof of your pre-injury wages (e.g., pay stubs, tax returns) and post-injury earnings.
- Attend Hearings (if necessary): If your claim is disputed, you may need to attend a conciliation or hearing before an administrative judge.
Common Pitfalls to Avoid:
- Incomplete Documentation: Missing medical records or wage statements can lead to claim denials.
- Missed Deadlines: Failing to file your claim within the statute of limitations can result in losing your right to benefits.
- Inconsistent Medical Evidence: Ensure your doctor’s reports clearly link your injury to your work and detail your reduced earning capacity.
Working with an experienced attorney can streamline the process and increase your chances of approval.
Challenges in Securing Section 35 Benefits
Even if you meet all eligibility requirements, securing Section 35 benefits can be an uphill battle. Insurance companies often employ tactics to minimize payouts or deny claims altogether.
Common Challenges:
- Disputed Claims: Insurers may argue that your injury isn’t work-related or that your reduced earnings aren’t due to the injury.
- Lowball Offers: Insurance companies may offer settlements far below what you’re entitled to.
- Surveillance: Insurers may monitor your activities to dispute the severity of your injury.
- Delayed Payments: Some insurers intentionally delay processing claims to pressure injured workers into accepting less.
Why You Need a Section 35 Workers’ Compensation Attorney
Handling the workers’ compensation system alone can be overwhelming, especially when dealing with insurance companies focused on minimizing payouts. Hiring an experienced attorney ensures your rights are protected and your benefits are maximized. At Markey Law Partners, we provide comprehensive support, including case evaluation, claims assistance, appeals representation, and maximizing your compensation. With decades of experience and a proven track record of securing maximum benefits, we offer personalized and compassionate legal representation.
If you’ve been injured at work and are struggling with reduced earnings, don’t face the process alone. Contact Markey Law Partners to schedule a free consultation at 877-488-2667. Let us handle the legal complexities while you focus on your recovery.
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