Partial Disability

Workers’ Compensation Attorneys Protecting the Rights of Cape Cod Residents

The workers’ compensation lawyers at the Law Offices of John C. Manoog III represent individuals throughout Cape Cod and across Massachusetts who have been injured on the job. Our attorneys take pride in helping workers and their families get back on their feet after an accident or illness, and we work tirelessly to pursue the full benefits that they deserve. We have been helping individuals in workers’ compensation claims since 1994, compiling a strong record of successes in these matters and other personal injury cases.

Pursuing Partial Disability Benefits

Workers’ compensation is a disability insurance program through which employers pay into a system so that benefits like money for medical bills and missed wages are available for employees who are hurt on the job. Most employers have an arrangement with an insurance provider, under which the employer pays premiums to the insurer and the insurer pays out benefits to employees who meet certain requirements.

Partial disability is a type of workers’ compensation claim that may be filed by an individual who has suffered an injury or illness related to his or her job, but can still work in the same job part-time or can fill another, lesser-paying position. A worker who is partially disabled can get benefits covering a portion of his or her lost earnings due to time away from the job for a maximum of five years. These workers are categorized differently than those who are completely unable to work on either a temporary or permanent basis. Employees who are temporarily and totally disabled can get 60 percent of their lost earnings for up to three years and can move to partial disability after that term expires. Those who are partially disabled can get 75 percent of their temporary total disability benefits amount.

All three categories of workers who obtain benefits are also entitled to coverage for the entire amount of any related medical costs.

An employer is required to file an injury report for any worker who misses five or more full or partial days due to a workplace accident or illness. The insurance company then has two weeks to determine whether the worker is entitled to benefits. If the insurer declines to pay, the worker can seek review by the state Department of Industrial Accidents. The DIA will first attempt to “conciliate” or settle the matter in a meeting involving the worker, the insurer, and each party’s attorneys before assigning the matter to an administrative judge. The judge will reach a decision after considering witness statements and evidence.

Either party can appeal the administrative judge’s decision by requesting a full hearing. A decision rendered after this hearing may also be appealed in state court.

Discuss Your Work Injury Claim with a Massachusetts Lawyer

At the Law Offices of John C. Manoog III, we have more than 146 years of combined experience handling workers’ compensation claims. We understand the procedures that may be involved, and we know how to build cases for the people whom we represent. Our lawyers are respected in the local community for their skill, experience, and commitment to clients.

Dedicated to helping Massachusetts residents assert their legal rights, our work injury attorneys offer free consultations at our offices in Hyannis and Plymouth. We are happy to travel to you if you cannot come here, moreover, and we do not 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.