Massachusetts workers who are injured on the job are often entitled to workers’ compensation benefits. Depending on the nature and extent of their injuries, they may be owed not only medical benefits but also disability benefits. Generally, whether disability benefits are owed is based, in part, on whether a person is able to earn an income in any capacity. Recently, a Massachusetts court issued a ruling discussing what evidence is needed to demonstrate an injured employee is completely disabled in a case in which the plaintiff argued he was owed additional benefits. If you were injured at work, you could be owed benefits, and you should speak to a skilled Massachusetts workers’ compensation attorney regarding your case.
The Claimant’s Harm
It is reported that the plaintiff was employed as an ironworker for a transportation authority. His job involved heavy lifting, and at one point, he suffered permanent injuries to his back and shoulder while performing his duties. As such, he filed a claim for workers’ compensation benefits from his employer. He was ultimately awarded permanent partial disability benefits by an administrative judge at the Department of Industrial Accidents. As it was determined he could still perform light-duty work at a retail job, he was not deemed totally disabled. The reviewing board affirmed the judge’s decision, and the plaintiff appealed.
Disability Determinations in Workers’ Compensation Cases
The court noted that the nature and extent of the plaintiff’s injuries were not disputed on appeal. Rather, the sole issue before the court was whether the plaintiff was totally disabled. The plaintiff argued that, as he was employed for many years as an ironworker, being forced to take a low-paying retail job would be so degrading that such a position should not be considered when determining his ability to earn an income. Continue reading →