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Temporary and Total Disability Benefits

Massachusetts Attorney for Workers’ Compensation Claims

The workers’ compensation system is designed to provide injured workers with a way to maintain their income to some degree while they cope with painful injuries that prevent them from working at their usual capacity. The claims process can be complex, and there are many phases that you must complete before your benefits will be awarded. This includes everything from submitting to an independent medical examination to testifying about how your injury has impacted your professional and personal lives. At The Law Offices of Barry Feinstein and Affiliates PC, we have aided numerous workers with navigating the workers’ compensation system and pursuing the temporary or permanent benefit award that they deserve. A skilled Massachusetts workers’ compensation lawyer at our office can potentially assist you with all aspects of the claims process, including gathering evidence, locating doctors, and dealing with insurance companies.

The Massachusetts Workers’ Compensation System

If you suffer an injury during the course and scope of your job, then you are entitled to benefits to help offset your missed wages and medical expenses. The workers’ compensation system applies to a variety of injuries, including sudden physical injuries as well as injuries that result from long-term repetitive motions like working on an assembly line. It also covers psychological damages that result from the work environment or that are associated with the injury that you sustained.

If you believe that you suffered a work-related injury, it is important that you notify your employer as soon as possible so that they can begin the claims process. Massachusetts requires every employer in the state to have workers’ compensation insurance. After the employer has notified its insurance carrier, you may be asked to submit medical records showing treatment that you have received for the injury including emergency room visits, specialists’ appointments, and surgical records. If you have undergone physical therapy to correct your injury, these records will be important as well because they will show whether you are improving to your pre-accident condition. An experienced work injury lawyer can help you assemble the necessary documentation for your claim.

Temporary and Total Disability Benefits

Once your report your injury, your employer’s insurer may accept liability for the injury immediately, which would entitle you to receive benefit payments. Massachusetts law provides temporary total incapacity benefits to workers who must take five days off from work due to the injury. The rules state that an employee will not be paid for the first five days of disability leave unless he or she needs to take more than 21 days off from work. You will continue to receive these benefits until your condition improves so that you can return to work or until you have received three years’ worth of payments.

The payment amount that you receive under a temporary and total disability benefits award is 60% of your average weekly wages, but Massachusetts laws have caps on how much a worker can receive that are updated each year in October.

After you complete your initial course of medical treatment, a doctor will evaluate you to determine whether you have returned to your pre-injury condition. If you are capable of returning to work but cannot perform the same job duties resulting in a lower wage, you are entitled to receive temporary partial incapacity benefits. This amounts to 60% of the difference between what your wages were before the injury and what you are capable of earning now. A worker can receive these benefits until he or she returns to his or her pre-injury condition and earning capacity or for five years. The payment duration is increased to 10 years in situations where the worker suffers a 75% loss of function in the injured body part such as a limb or an eye.

Meet with a Seasoned Workers’ Compensation Lawyer in Massachusetts

When you are trying to deal with the pain and inconvenience of a work-related injury, it can seem impossible to also navigate the workers’ compensation claims process if you are seeking temporary and total disability benefits. This is especially true if you have never filed a claim for workers’ compensation benefits before, which is the case for many injured workers. Our seasoned team of Massachusetts legal professionals offers a free consultation to help you learn more about the claims process and whether a skilled attorney at our office can assist you in seeking the benefits that you deserve. We are available to serve clients in areas around Boston, Cambridge, Lowell, Newton, Quincy, Waltham, Dedham, Norwood, Brookline, Somerville, and Peabody. To schedule your free consultation, call us at 1-800-262-9200 or contact us online.

Client Reviews
★★★★★
Barry Feinstein & Affiliates are great. I was injured riding my bike through no fault of my own. They treated me like a friend, not a dollar sign. I recommend them to anyone who wants a great team fighting for them. John C.
★★★★★
I live on Cape Cod — Slipping on ice outside a professional building, I suffered a horrendous injury when I tour my upper leg quad. Barry Feinstein himself, personally handled my case, cutting through all the red tape insurance companies throw in front of the average person… making it almost impossible for the average person to resolve such a case on their own! Barry ensured all medical and physical therapy bills were paid in a timely manner and the matter was resolved far beyond my expectations. Barry’s attention to detail and no nonsense manner in dealing with the insurance companies saved me from financial ruin and has afforded me an opportunity to literally get back on my feet. Thank you Barry you are the best! Cape Cod Tom F.
★★★★★
I was recommend by a friend who had previously been to Barry Feinstein and I needed someone who could handle my case. The people at the office are super friendly and always greeted me by first name, even Barry himself. Him and his team are organized, honest, and have excellent communication skills. Monique G.
★★★★★
I was treated very professionally by personable & compassionate staff, including Attorney Feinstein. He is a champion when it comes to representing his clients. I would absolutely not hesitate to recommend the Feinstein firm to anyone. Derek S.
★★★★★
A true professional who listening to all my questions and answered in laymen’s terms. Best decision I and my husband ever made. A true professional who I would recommend to all my friends and family. Marigrace M.