A common question that individuals who were injured on their job is whether they qualify for workers’ compensation benefits, or if they would even be eligible for any benefits at all. Workers who can show that they sustained a work-related injury that has incapacitated them from work should seek workers’ compensation benefits. Employees who have short and/or long term disability insurance policies may be eligible under the policy for monthly benefits regardless of whether the injury or illness is work related. Employees who become disabled from any gainful employment may be eligible to apply for and obtain social security disability benefits.
Learning About the Different Types of Benefits
Massachusetts workers’ compensation provides weekly benefits of up to 60% of the employee’s average weekly wage for partial disability or for temporary total disability, and up to 66 ⅔ % for permanent and total disability. Generally, short term disability benefits and long term disability benefits pay a percentage of an employee’s monthly earnings while he or she is disabled. To be eligible, employees may have to show that they are disabled from their own occupation, or they may have to show that are disabled from any occupation, in order to recover, and the definition may change from own occupation to any occupation after a certain amount of time under the policy. Employees who have paid into the social security system and are awarded social security disability benefits will receive a monthly amount of benefits calculated based on a formula, but the maximum monthly benefit is $2,663 as of 2015.
Filing a Claim
Filing a claim for any of these kinds of benefits can be cumbersome, and this may be particularly true if you have a serious injury. There are specific forms that must be completed accurately and fully. When you file a claim, you can complete the paperwork on your own, or you can work with an attorney who offers these services, such as a professional working with The Law Offices of Terrence A. Low and Anthony J. Canata. Your attorney can follow up on your claim and can monitor the processing to ensure that your claim is attended to in a timely manner.
Disability benefits can help you to make ends meet when you have been injured on the job, but if you are not certain that you qualify for benefits, working with an attorney and filing a claim for the right type of benefits is the most important step to take.
How is my case resolved, dir.ca.gov
Advice & Tips for Workers’ Compensation Disputes, disabilitysecrets.com