Types of Workers’ Compensation Benefits in Massachusetts
Posted on behalf of Janet, Janet & Suggs, LLC on July 5, 2017 in Workers' Compensation Blog Posts
Have you recently been injured on the job? If so you may be eligible for workers’ compensation benefits from your employer or its insurance company.
One of the most frequently asked questions about workers’ compensation in Massachusetts is what types of benefits are available.
Below, our experienced Boston workers’ compensation attorneys review the different types of benefits, explaining who is eligible and the amount of compensation provided.
Partial Incapacity Benefits
If you can still work after your injury or illness but have a decreased earning capacity, you may be eligible for partial incapacity benefits. This includes situations where you have to work fewer hours or take another job that pays a lower wage. Your maximum compensation for these benefits is 75 percent of your weekly total temporary benefits.
If your injury requires medical care, you are entitled to compensation for all adequate and reasonable medical care. This is one of the most common types of benefits awarded.
Your employer has the right to designate the first health care provider to examine your injuries, but you have a right to select your own providers after that point. The insurance company will issue you a card with your details on it after your claim is officially submitted. You will be eligible to receive these benefits for as long as your injuries require medical care.
Temporary Total Incapacity Benefits
If you cannot work due to your work-related injury or illness for more than six partial or full calendar days (both consecutive and non-consecutive apply) you can receive 60 percent of your gross average weekly wage (AWW). You are eligible to receive these benefits for up to 156 weeks.
Permanent and Total Incapacity Benefits
If your injury renders you unable to do any kind of work, you can get permanent and total incapacity benefits. It is not required that you exhaust any temporary benefits before initiating your application for permanent ones. You will receive two-thirds of your AWW during the 52 weeks prior to your application for benefits and you can continue receiving these benefits for as long as you are disabled.
Survivors’ and Dependent’s Benefits
If you are the child or spouse of an employee who died because of a work-related illness or injury, you could be eligible to receive these benefits. You can recover up to two-thirds of the deceased worker’s AWW up to the state’s average maximum.
Surviving spouses are eligible for annual cost of living adjustments after two years. If the spouse remarries, $60 per week is paid to eligible children. So long as a spouse is dependent and does not remarry, he or she can still recover these benefits.
Surviving children are eligible if they are under 18 years old, are full-time students or are unable to work due to a physical or mental disability.
Permanent Loss of Function and Disfigurement Benefits
If the injury or illness causes permanent loss of a body function, scarring, or disfigurement on the hands, face, or neck, you may be eligible for permanent loss of function and disfigurement benefits. In addition to other benefits, you may obtain a one-time payment for scarring or disfigurement.
For any situation in which an employee’s death was caused by a work-related accident or injury, up to $4,000 in reasonable burial expenses will be provided.
Consult Our Skilled Attorneys for a Free Consultation
The attorneys of Janet, Janet & Suggs have more than 30 years’ experience representing injury victims, including those hurt at work. We have recovered millions in compensation to help our clients move forward after their injuries.
We are prepared to handle cases involving many types of workplace accidents, including slip and fall accidents, being struck by an object, electrocutions and fires.
Our personal injury lawyers in Boston offer a free, no obligation legal consultation and do not charge legal fees unless there is a favorable resolution of your claim.
Contact us today to schedule your free consultation.