If you or a family member have been injured as a result of a workplace accident, you may be able to pursue certain financial benefits under the Massachusetts workers’ compensation program, which is codified under Mass. General Laws c.152.
Typically, an injured worker in Massachusetts can file a workers’ compensation claim seeking the following financial benefits:
- Percentage of the employee’s lost wages;
- Reimbursement of the medical expenses;
- Vocational rehabilitation (job search/retraining).
How Workers’ Compensation Benefits Are Typically Paid to Claimants
Pursuant to Section 10 of Mass. General Laws c.152, the distribution of a workers’ comp payment to an injured employee depends on multiple factors, such as the types of benefits the employee is awarded. Generally, there are three types of benefits awarded, based on the extent of your disability.
- Temporary Total Disability Benefits – when an employee is injured and unable to perform any job functions, but still anticipate a full recovery, they could pursue workers’ comp benefits for temporary total disability. An employee who is awarded this type of workers’ comp benefit will be entitled to receive up to 60 percent of their regular weekly wages, up to a state maximum.
- Temporary Partial Disability Benefits — when a worker is injured, but they are still able to perform certain job functions and anticipate their condition will improve in the near future, they would likely pursue workers’ comp benefits for temporary partial disability. If you are awarded temporary partial disability, you are entitled to receive up to 60 percent of the difference between your pre-injury weekly wage and your post-injury weekly wage.
- Permanent and Total Disability Benefits — when a worker is seriously injured and is unable to perform any work in the open labor market for the foreseeable future, they could consider pursuing workers’ comp benefits for permanent and total disability. An employee who is awarded this type of benefit is entitled to receive up to two-thirds of their regular weekly wages.
How Workers’ Compensation Benefits Are Calculated
Workers’ compensation benefits are calculated based upon the wages that have been earned at the employer where the injury occurred for the fifty-two weeks prior to the date of injury. This calculation includes overtime.
Cap on the Length of Time an Injured Worker Can Receive Benefits
Benefits for temporary total disability can last up to three years.
Benefits for temporary partial disability can last up to either four years or five years, depending on the amount of temporary total disability that has been received. Between the two categories, benefits are capped at a total of seven years.
Benefits for permanent total disability do not have a time limit, and if awarded, are paid for life.
Injured on the Job? Contact Eden Rafferty to Schedule a Free, Confidential Case Evaluation
If you or a family member were injured on the job, it is quite likely that you are feeling anxious and are concerned about the future. Your mind may be inundated with questions about how your bills are going to be paid and how you will be able to function with a serious, debilitating workplace injury. The law firm of Eden Rafferty is here to help. We take pride in standing up and fighting for seriously injured workers in the Metro West and Boston area.
Our primary objective is to ensure you receive the workers’ comp benefits you are rightfully owed and you get those benefits in an expeditious manner. We work on a contingency fee basis, meaning that you do not pay us anything upfront. Our firm is only paid if we prevail in securing financial benefits for you and your family. Contact our lawyers today to schedule a free case evaluation.