Permanent and Total Disability

Kantrovitz & Associates is a group of talented Massachusetts workers’ compensation lawyers with over 20 collective years of experience. Due to our dedication to service and results-driven strategy, we are respected for excellence in our field. We have helped injured workers prove permanent and total disability meriting payment of the benefits they and their families need. From documenting the injury to explaining your options, we help you obtain the compensation you deserve. Our office serves all of Massachusetts, Rhode Island, and New Hampshire.

Permanent and Total Disability

Permanent and total disability is often the result of unexpected, catastrophic accidents. This category of benefits compensates work-related injuries that prevent the ability to do any and all types of work. Common characteristics of total disability under workers’ compensation law include:

  • Physical injury
  • Paralysis, quadriplegia
  • Precipitation by employment event
  • Workplace is a “major” cause of disability
  • Disabling condition will continue indefinitely
  • Disabling condition is compensable regardless of pre-existing condition

Under Massachusetts law, those who are totally and permanently incapacitated as a result of a job-related injury are entitled to permanent benefits. Workers’ compensation benefits continue as long as the disability lasts, with no imposed time limits.

Work-Related Incidents Causing Permanent and Total Disability

Over 3,000 workers in Massachusetts are injured every year. Every work site has its dangers, but the most unstable, injury-prone jobs usually involve:

  • Gas explosions
  • Vehicle accidents
  • Construction accidents
  • Chemical spills and leaks
  • Crushing material, machine
  • Manufacturing, power devices
  • Toxins, fire hazards, OSHA violations

Worldwide, mining jobs maintain the highest rates of injury and death, but in some states, are surpassed by logging. Construction, manufacturing, and dock work also have high injury rates.

Permanent Disability Benefit Amount

All disability benefits are based on the workers’ maximum average weekly wage. This is calculated by averaging the 52 weeks prior to the worker’s injury date. This average includes:

  • Overtime hours and bonuses
  • Earnings from additional jobs
  • Lodging and transportation allowances
  • Some fringe benefits, not health insurance
  • Adequate and reasonable medical care for disability
  • Reimbursement of prescription medication, mileage, parking

Injured workers are entitled to two-thirds of the average weekly wage and medical benefits for as long as the disability continues. The amount is adjusted to add annual cost of living increases.

Other Benefits for Total Disability

In addition to workers’ compensation benefits, permanently disabled workers may be entitled to social security benefits if the injury prevents them from obtaining gainful employment for 12 months or more. These benefits are administered through the Social Security Administration and may require different forms or supporting documents. An experienced workplace injury attorney can explain all your legal options and the most favorable course of action for you.

Successfully Recovering Compensation

At Kantrovitz & Associates, our Massachusetts workers’ compensation attorneys help injured workers demonstrate total and permanent disability caused by workplace accidents. After 20 years of practice, we are well versed in the complexities of the disability claims process, and the best way to present your case. Let us put that knowledge to work for you. We have successfully handled permanent disability claims for injured workers in Boston, Essex, Middlesex, Norfolk, Suffolk, Plymouth, and Merrimack Valley. Call (800) 367-0871 for a free consultation or contact us online.