A common workers’ compensation benefit is paid out to those who are partially disabled. Partial disability workers’ comp benefits are normally available to those who are still able to perform some work duties after their on-the-job injury or illness. In other words, if you are unable to earn your previous wages but can still return to work, you may be eligible to receive this compensation. But how are these benefits calculated? Are you eligible to receive partial disability benefits? For answers to these questions and more, it’s important to speak with an experienced worker’s compensation attorney.
Who is Eligible for Partial Disability Benefits?
To be eligible for partial disability benefits, you must be able to return to work, but not at the same earning capacity. This means that if your injury results in a reduction in the hours you can work or a lower wage, you may be eligible.
Note: No time needs to have been lost from work to receive partial disability benefits.
How Are Partial Disability Benefits Calculated?
To determine your partial disability benefits, you must first calculate your average weekly wage prior to your injury or illness. To come up with this figure, take your earnings from the 12 months prior to your workplace injury and divide by 52 weeks. Since partial disability benefits are generally 60 percent of your average weekly wage, you would then multiply by 60 percent.
In the state of Massachusetts, the maximum compensation you can receive is 75 percent of your temporary total disability rate, which is also 60 percent of your weekly wage. This means that if your average weekly wage is $800, you would do the following calculations:
.60 x 800 = $480
$480 x .75 = $360
So, if you earned $800 prior to your injury, you can expect to receive a ballpark estimate of $360 in partial disability weekly benefits.
When do Partial Disability Benefits Stops?
Under normal circumstances, you could receive partial disability benefits for a period of up to 260 weeks (5 years).
There are a number of different exceptions to this rule. You may be eligible to receive benefits for a longer period of time, if:
- You collected temporary total disability benefits prior to collecting partial disability benefits. In this case, you can receive benefits for up to 7 years.
- Your workplace injury caused a 75 percent loss of function to eyes, leg, foot, arm, or other permanent life-threatening conditions. In this case, you can receive benefits for up to 10 years.
Contact a Massachusetts Workers’ Comp Attorney
Our workers’ compensation lawyers at Powers & Caccavale are determined to get you the maximum possible benefits in your individual case. If you have questions regarding the types of workers’ compensation benefits available, we can give you the legal advice you need. To find out more about partial disability benefits, contact us today by filling out our free case evaluation or by calling us at (617) 379-0016.