PERMANENT AND TOTAL DISABILITY SECTION 34A BENEFITS

Suffering a workplace injury can be life-changing, but when an injury leaves you permanently and totally disabled, the financial consequences can be devastating. In Massachusetts, Section 34A of the Workers’ Compensation Act provides Permanent and Total Disability (PTD) benefits to injured employees who can no longer work in any capacity due to a severe, work-related injury or illness.

Unlike Temporary Total Disability (TTD) benefits (Section 34) or Partial Disability Benefits (Section 35)—which offer compensation for a limited period—Section 34A benefits provide financial support for the rest of your life.

If you or a loved one has suffered a permanent workplace injury, understanding your rights under Section 34A is essential to securing the financial assistance you deserve.

To qualify for Permanent and Total Disability (PTD) benefits, you must meet three key requirements:

1. You Must Have Exhausted Section 34 Benefits

Most injured workers begin receiving Temporary Total Disability (TTD) benefits under Section 34, which provide payments for up to 3 years (156 weeks) while recovering. If, after this period, you are still unable to work permanently, you may apply for Section 34A benefits.

2. Your Injury Must Be “Permanent and Total”

A work-related injury or illness qualifies as permanent and total if it completely prevents you from engaging in any gainful employment. This means:

✅ You cannot return to your previous job
✅ You cannot perform any type of sedentary, light-duty, or modified work
✅ Your disability is not expected to improve significantly

3. Your Condition Must Be Proven with Strong Medical Evidence

To receive Section 34A benefits, you must submit substantial medical documentation showing that your condition prevents you from working permanently. This typically includes:

✔ Doctor’s reports and treatment history
✔ Functional Capacity Evaluations (FCEs) proving your inability to perform work-related tasks
✔ Vocational expert testimony (if required)
✔ Diagnostic tests (MRIs, CT scans, X-rays, etc.) confirming the severity of your condition

Common workplace injuries that qualify for Section 34A benefits include:

🔹 Spinal cord injuries causing paralysis
🔹 Traumatic brain injuries (TBI) leading to cognitive impairment
🔹 Amputations or permanent loss of limb function
🔹 Severe burns, nerve damage, or chronic pain conditions
🔹 Debilitating back or neck injuries with no chance of recovery

Once approved, Permanent and Total Disability (PTD) benefits provide lifelong financial compensation and medical coverage, ensuring you and your family remain financially stable.

1. Lifetime Weekly Payments

Workers receiving Section 34A benefits get two-thirds (66.67%) of their pre-injury average weekly wage, subject to state maximum and minimum limits.

💰 Example Calculation:

• If your pre-injury wage was $1,200 per week, you would receive $800 per week in PTD benefits.
• These payments continue for life, ensuring long-term financial stability.

2. Cost-of-Living Adjustments (COLA)

After receiving Section 34A benefits for two years, you may qualify for annual Cost-of-Living Adjustments (COLA) to help offset inflation.

3. Full Medical Coverage for Your Workplace Injury

Massachusetts law requires workers’ compensation insurers to cover 100% of all medical expenses related to your injury. This includes:

✔ Doctor visits, surgeries, and hospital stays
✔ Prescription medications
✔ Physical therapy and rehabilitation
✔ Medical equipment (wheelchairs, prosthetics, etc.)
✔ Home health care, if needed

4. Additional Benefits (If Applicable)

Depending on your case, you may also qualify for:

• Vocational rehabilitation services (if you regain some work ability)
• Survivor benefits for dependents (if the injury is fatal)

Common Reasons Section 34A Claims Get Denied

Unfortunately, many workers’ compensation insurers try to deny, delay, or reduce PTD claims to avoid long-term payouts. Here are the most common reasons for denials:

❌ “You Can Still Work in Some Capacity” – The insurer may argue that you can perform light-duty work or be retrained.
❌ “Your Medical Evidence is Insufficient” – Without strong doctor reports, insurers may reject your claim.
❌ “Your Condition is Not Permanent” – Some insurers argue that your condition might improve, even when doctors say otherwise.
❌ “The Injury Was Not Work-Related” – If there is any dispute about how the injury occurred, your claim may be denied.

✅ How to Fight Back: Our skilled workers’ compensation attorney at Markey Law Partners can help gather medical evidence, dispute unfair denials, and appeal your case to ensure you receive the benefits you deserve.

Applying for Permanent and Total Disability benefits involves several complex legal steps. To improve your chances of approval, follow this process:

Step 1: Gather Strong Medical Documentation

• Request a detailed medical report from your treating physician.
• Obtain Functional Capacity Evaluations (FCEs) proving work incapacity.
• Keep all medical records, prescriptions, and treatment history.

Step 2: Submit a Claim to the Workers’ Compensation Insurer

• File a formal request for Section 34A benefits.
• Provide all required medical documentation.

Step 3: Prepare for a Potential Dispute

Many insurers delay or deny claims to avoid paying lifelong benefits. If this happens, you have the right to file an appeal with the Massachusetts Department of Industrial Accidents (DIA).

• Conciliation Hearing – A meeting to negotiate with the insurer.
• Conference with a Judge – The judge reviews your case and issues an order.
• Formal Hearing – A full legal trial if no agreement is reached.

🔹 A workers’ compensation lawyer can guide you through this process and fight for your rights.

Securing Permanent and Total Disability benefits under Section 34A is often an uphill battle. Insurance companies fight hard to deny claims, and navigating the appeals process alone can be overwhelming.

At Markey Law Partners, we specialize in workers’ compensation law and have a proven track record of winning Section 34A claims. Our firm offers:

✔ Aggressive representation against insurance companies
✔ Expert medical and vocational evaluations
✔ Comprehensive appeals and litigation support

Call 877-488-2667 today!