Temporary Total Disability
The skilled workers’ compensation lawyers at the Law Offices of John C. Manoog III represent people throughout the Cape Cod region who have been injured on the job, including those who become totally disabled for a temporary period. We understand how vital it is for these individuals and their families to obtain the financial assistance to which they may be entitled. We employ a wide range of legal and bargaining tools to pursue this goal. Our attorneys keep our clients up to speed with the process every step of the way, advising them of their rights and responsibilities so that they can make informed decisions about how their cases are handled.Seeking Temporary Total Disability Benefits
State law generally requires employers to carry workers’ compensation insurance, a type of benefits plan that covers medical costs and missed wages for employees injured during the course of their jobs. Covered workers are entitled to have all of their related medical costs covered. The amount of missed wages available, however, largely depends on the nature and extent of the harm. A person who can still work part-time despite his or her injuries is considered “partially incapacitated” and is entitled to 60 percent of his or her lost earnings for up to five years. A worker who is unable to ever return to full-time work due to a job-related incident is considered “totally and permanently disabled.” The person is generally entitled to two-thirds of his or her missed wages after three years off the job.
Between those groups are workers who are deemed totally disabled for a temporary period. This group may include individuals who will eventually be found totally and permanently disabled, as well as some who will eventually transition to partially incapacitated status.The Workers’ Compensation Appeal Process
An employer is required to file a report with its workers’ compensation insurance carrier for all injuries for which an employee misses five or more full or partial days. Because of the money involved, insurance providers are often hesitant to pay out claims. They also regularly look to reduce claim payouts by arguing that a worker’s disability was caused by a preexisting condition that was unrelated to any injury or illness incurred on the job.
A worker whose benefits claim is denied has the right to seek review by the state Department of Industrial Accidents. The claim form must include any and all medical evidence documenting the injury and tying it to workplace activity. The DIA then holds an informal “conciliation” meeting between the worker, his or her lawyer, and the insurer’s attorney. If they can’t reach an agreement, the matter goes to an administrative judge for an informal conference. The judge considers witness statements and other evidence and then issues an order.
If either party disagrees with the order, they can appeal it by requesting a full hearing. The judge will then issue a new ruling, which may be further appealed to a review board and, ultimately, the Massachusetts Court of Appeals.Contact a Massachusetts Lawyer Skilled in Work Injury Claims
At the Law Offices of John C. Manoog III, we work to build strong cases for our clients. We understand the type of evidence that is convincing in this situation, and we know how to present a claim in a clear and compelling manner. Our attorneys have helped clients obtain a number of six-figure settlements in workers’ compensation cases.
Located conveniently in Hyannis and Plymouth, our work injury attorneys offer free consultations to individuals from throughout Massachusetts. We are happy to travel to you if you can't make it to our offices, and we don't charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.