TEMPORARY TOTAL DISABILITY SECTION 34 BENEFITS

A workplace injury can leave you unable to work, facing mounting medical bills and lost wages. Fortunately, Massachusetts workers’ compensation laws provide financial relief for injured workers through Temporary Total Disability (TTD) benefits under Section 34. These benefits ensure that workers who are completely unable to work due to a job-related injury receive partial wage replacement while they recover.

At Markey Law Partners, we specialize in helping injured employees navigate the complex claims process and secure the compensation they are entitled to. If you have been injured at work and need assistance filing for Section 34 benefits, our experienced workers’ compensation attorneys are here to help.

Temporary Total Disability (TTD) benefits are a type of workers’ compensation that provides financial support to employees who cannot work at all due to a workplace injury. These benefits fall under Section 34 of the Massachusetts Workers’ Compensation Act and aim to replace a portion of the worker’s lost wages.

✔ Covers temporary, total incapacity to work
✔ Pays 60% of the injured worker’s average weekly wage (AWW)
✔ Available for a maximum of 156 weeks (3 years)
✔ Designed for workers who are expected to recover and return to work

If a worker remains unable to work after three years, they may qualify for Section 34A Permanent Total Disability benefits, which provide lifelong compensation.

To qualify for Temporary Total Disability benefits, an injured worker must meet specific criteria:

✅ Work-Related Injury – The injury or illness must have occurred on the job or be directly related to work activities. Examples include:

• Slips, trips, and falls
• Machinery accidents
• Work-related illnesses (e.g., toxic exposure)
• Repetitive stress injuries

✅ Total Incapacity for Work – The worker must be completely unable to perform any job functions. Being unable to do their previous job alone is not enough—they must be incapable of any work.

✅ Inability to Work for More Than Five Days – Benefits begin on the sixth day of disability. If the injury lasts more than 21 days, the worker can receive retroactive benefits for the first five days.

✅ Medical Evidence – A licensed physician must confirm that the worker cannot perform any work duties due to their injury. This includes submitting medical records, diagnostic tests, and treatment plans.

✅ Covered Employment – The worker must be an employee covered under Massachusetts workers’ compensation laws. Independent contractors and certain other workers may not qualify.

TTD benefits are based on the worker’s Average Weekly Wage (AWW) before the injury.

✔ Average Weekly Wage (AWW) – This is calculated by averaging the worker’s earnings over the 52 weeks before the injury. If they worked for a shorter period, their earnings are divided by the number of weeks they were employed.

✔ Benefit Rate – Injured workers receive 60% of their AWW. For example:

• If a worker earned $1,200 per week, they would receive $720 per week in TTD benefits.

✔ Benefit Limits –

• The maximum weekly benefit is $1,765.34 (as of October 2022).
• If the calculated benefit is below the state minimum, the worker receives the minimum compensation set by law.

✔ Maximum Duration – Section 34 benefits last up to 156 weeks (3 years). If the worker remains disabled beyond this period, they may transition to Permanent Total Disability (Section 34A) benefits.

Filing for workers’ compensation benefits requires careful documentation and strict adherence to deadlines. Here’s how the process works:

Step 1: Report the Injury to Your Employer

• Notify your employer immediately after the injury.
• Provide details about when, where, and how the accident occurred.
• Employers must report injuries within 7 days if the worker misses 5 or more days of work.

Step 2: Seek Medical Attention

• Visit a doctor or hospital for treatment.
• Obtain medical reports that confirm the work-related nature of your injury.
• Keep copies of diagnoses, prescriptions, and doctor’s notes.

Step 3: File a Workers’ Compensation Claim

• Your employer’s insurance company should start paying benefits within 14 days if your claim is approved.
• If the claim is denied, you may need to file Form 110 (Employee Claim) with the Massachusetts Department of Industrial Accidents (DIA).

Step 4: Handle Disputes or Delays

• If benefits are denied, delayed, or stopped too soon, you have the right to appeal the decision.
• A workers’ compensation attorney can help you fight for your rights.

Filing for workers’ compensation benefits is not always easy. Insurers often deny claims or reduce benefits. Here are some common issues:

1. Claim Denied by the Insurer

❌ Why?

• The insurer disputes the severity of the injury.
• The employer fails to report the injury.
• There is insufficient medical evidence.

✔ Solution:

• Obtain strong medical documentation from a licensed doctor.
• Seek legal help to appeal the denial.

2. Insurer Requests an Independent Medical Examination (IME)

❌ Why?

• The insurer wants to challenge the severity of your disability.

✔ Solution:

• Attend the IME but be cautious—insurers often use these exams to cut benefits short.
• Bring medical records to support your case.

3. Benefits Are Stopped Too Soon

❌ Why?

• The insurer believes you can return to work.
• Your employer offers light-duty work.

✔ Solution:

• Get a second medical opinion.
• Contact our workers compensation attorney to appeal the benefit termination.

Handling Massachusetts workers’ compensation laws can be overwhelming, especially when insurers delay or deny claims. Our experienced attorneys at Markey Law Partners provide:

🔹 Personalized Legal Guidance – We help you understand your rights and file a strong claim.
🔹 Strong Advocacy Against Insurance Companies – We fight unfair denials and maximize your benefits.
📞 Call us today at 877-488-2667 to schedule a free consultation!