If you have been injured on a job site in Massachusetts, you are eligible to receive workers’ compensation. Every employer is required to carry workers’ comp insurance, but that does not necessarily mean you will receive the full benefits you may be entitled to. This is why calculating workers’ compensation benefits is so difficult, and why you need to hire an experienced workers’ compensation attorney who will make sure your damages are maximized. Contact our office today to schedule a free consultation.
Calculating Workers’ Compensation Benefits | Massachusetts Law
Here are the guidelines that Massachusetts law stipulates in regard to workers’ compensation benefits:
- Workers who are totally and permanently disabled will receive 2/3 of their average weekly wage with a minimum 20% of the state average weekly wage at the time of your injury, and an annual cost of living adjustment for as long as you are disabled.
- Workers who are considered temporarily totally incapacitated will receive around 60% of their average weekly wage from the last year prior to the date of injury for up to 156 weeks. Payment begins on the sixth day of disability unless you cannot work for 21 days or more. Those days aren’t required to be consecutive.
- Workers who are considered partially incapacitated may receive up to 60% of the difference between their average weekly wage and what they can earn with their disability for up to 260 weeks.
However, it isn’t that simple. You won’t always receive the full percentage of benefits, which is why hiring a workers’ comp attorney to fight for you is absolutely necessary. Insurance companies are always looking to pay a lower settlement than they have to. Our lawyers know this, and we know how to negotiate with these companies and will take your case to trial if necessary.
Calculating Workers’ Compensation Benefits | Reimbursement
The most common benefit associated with workers’ compensation is payment of medical expenses. Medical benefits are available for workers who suffer from either a work-related injury or illness that requires medical attention. The medical benefits are provided for as long as the worker needs them because of the injury or illness. However, it’s important to note that the insurance company can deny or end treatment if they don’t think that the treatment is reasonable or necessary. If this happens, a worker may appeal through the DIA. Medical benefits include:
- Medical care
- Reimbursement for what the worker spends out of pocket for prescriptions and treatment
- Reimbursement for mileage for injured workers who must travel to and from their medical appointments
If you were hurt on the job or if your loved one died as a result of an on the job injury, you must take the proper steps to ensure that you’re treated fairly and that you’ll receive the benefits that you need. Take the advice of DIA and make an appointment to talk with an experienced workers’ compensation lawyer.