PERMANENT LOSS OF FUNCTION BENEFITS

Suffering a permanent injury at work can have devastating consequences, affecting your ability to earn a living, perform daily tasks, and maintain your quality of life. In Massachusetts, workers who sustain permanent injuries may be entitled to permanent loss of function benefits. At Markey Law Partners, we specialize in helping injured workers handle the complexities of workers’ compensation law to secure the maximum benefits they deserve.

Permanent loss of function benefits are lump-sum payments provided to workers who have sustained permanent injuries that result in a loss of function to a specific body part. These benefits are designed to compensate workers for the lifelong impact of their injuries, regardless of whether they can return to work.

Unlike temporary disability benefits, which provide ongoing payments for a limited time, permanent loss of function benefits are awarded as a one-time payment based on the severity of the injury and the body part affected. These benefits acknowledge the irreversible nature of the injury and its impact on the worker’s life.

Permanent loss of function benefits apply to a wide range of injuries, including but not limited to:

• Amputations: Loss of a hand, foot, arm, leg, or other body part.
• Sensory impairments: Permanent vision or hearing loss.
• Loss of function: Chronic limitations in mobility, such as reduced range of motion in a joint or limb.
• Disfigurement: Permanent scarring or disfigurement, particularly to the face, neck, or hands.

These benefits are available for injuries to specific body parts listed under Massachusetts law, including arms, legs, hands, feet, eyes, ears, and internal organs.

To qualify for permanent loss of function benefits, the injury must meet specific criteria:

1. Permanency: The injury must be deemed permanent, meaning it will not improve with further medical treatment or time.
2. Medical Documentation: A qualified physician must provide a detailed report confirming the permanency of the injury and assessing the degree of impairment.
3. Work-Related Injury: The injury must have occurred in the course of employment or as a result of workplace conditions.

The degree of impairment is typically assessed using the American Medical Association (AMA) Guidelines, which provide a standardized method for evaluating the loss of function.

Massachusetts uses a formula based on the State Average Weekly Wage (SAWW) to calculate permanent loss of function benefits. The SAWW is a figure updated annually by the state, and it serves as the basis for determining the lump-sum payment.

The calculation involves multiplying the SAWW by a statutory multiplier that corresponds to the specific body part injured and the severity of the impairment. For example:

• Loss of a dominant arm: 43 weeks of SAWW.
• Loss of vision in one eye: 39 weeks of SAWW.
• Loss of hearing in both ears: 77 weeks of SAWW.

The SAWW is not tied to the worker’s actual wages, which means even low-wage workers may receive significant compensation for permanent injuries.

Securing permanent loss of function benefits can be a complex and challenging process. Here’s an overview of the steps involved:

1. Medical Evaluation: Obtain a detailed medical report from a qualified physician that confirms the permanency of the injury and assesses the degree of impairment.
2. Filing the Claim: Submit a claim to the workers’ compensation insurance carrier, including all necessary medical documentation.
3. Insurer Review: The insurance company will review the claim and may request additional information or an independent medical examination.
4. Negotiations: Insurers often attempt to minimize payouts by disputing the degree of impairment or the permanency of the injury. Legal representation is critical during this stage to ensure fair compensation.
5. Appeals: If the claim is denied or undervalued, you have the right to appeal the decision to the Department of Industrial Accidents (DIA).

Insurance companies are often reluctant to pay out permanent loss of function benefits, as these claims can result in significant payouts. Common challenges include:

• Disputing Permanency: Insurers may argue that the injury is not truly permanent or that further treatment could improve the condition.
• Undervaluing Impairment: Insurance companies may use their own medical experts to downplay the severity of the injury.
• Delaying the Process: Insurers may drag out the claims process in hopes that the injured worker will accept a lower settlement.

Having an experienced attorney on your side can make all the difference in overcoming these challenges and securing the benefits you deserve.

At Markey Law Partners, we have decades of experience representing injured workers in Massachusetts. Our attorneys understand the intricacies of workers’ compensation law and are dedicated to helping clients navigate the claims process with confidence.

We offer:

• Expert Guidance: From filing the initial claim to negotiating with insurers and appealing denials, we handle every step of the process.
• Aggressive Advocacy: We fight to ensure insurers honor their obligations and provide fair compensation for permanent injuries.

Take the First Step Toward Securing Your Benefits

If you’ve suffered a permanent injury at work, don’t wait to take action. The sooner you begin the claims process, the better your chances of securing the compensation you deserve.

Contact Markey Law Partners today for a free consultation. Our team will review your case, explain your rights, and help you understand the benefits available under Massachusetts law. Call 877-488-2667 today! Let us fight for your future while you focus on healing.