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Parker Scheer LLP
Boston Office
1 Constitution Plz
Boston, Massachusetts
02129
Directions
Phone: 617-886-0500
Fax: 617-886-0100
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How long do I have to
work at my job in order to be covered by Massachusetts workers'
compensation?
The Massachusetts Workers' Compensation Act
covers all employees hired in Massachusetts from the moment
that he or she is hired. There is no waiting period for coverage,
but there is a waiting period for payment of weekly compensation.
All persons injured in Massachusetts while in the course of
their employment are covered by the Massachusetts Workers'
Compensation Act regardless of where they were hired.
How much work must I
miss in order receive workers' compensation checks?
Massachusetts Workers' Compensation provides
that a person injured on the job must miss 5 calendar days
before becoming entitled to workers' compensation benefits
which are payable as of the 6th day, and not before. If a
person is out of work due to an industrial accident for more
than 21 days, then the insurer is required to pay for the
first 5 days. If an injured work misses more than 5, but less
than 21 days, then payment is made only for the days missed
after the fifth day.
How long can I get weekly
benefits?
A worker who is temporarily totally disabled
can receive up to 60% of his or her average weekly wage for
a period of up to 3 years. If an injured worker is partially
disabled by an industrial accident, then she or he can receive
60% of the difference between their pre-injury wage and that
which they are capable of earning after the injury. These
benefits are payable for up to five years. The sum of the
temporary total and partial disability is limited to seven
years; for example, 3 years of total and 4 years of partial,
2 years of total and 5 years of partial. There is an exception
to this general rule, which may extend benefits to up to 10
years of partial under certain circumstances. Additionally,
an injured worker can receive weekly benefits for life if
that worker is not able to work in any capacity for the rest
of his or her life.
Is there a maximum weekly
benefit?
Yes. The maximum weekly compensation rate is
set on October 1 each year. It is currently $ 1,000.43 for
accidents occurring after that date.
Is there a minimum?
Yes. The minimum weekly compensation rate is
set on October 1 each year. It is currently $ 200.09, or a
worker's full average weekly wage if that wage is less than
$ 200.09 for accidents occurring after that date.
How are benefits calculated?
The insurance company obtains a wage record
from an injured employee's employer. An average weekly wage
is then calculated by dividing the total gross wages, including
overtime and bonus, by the number of weeks worked by the employee.
An injured worker who is unable to work in any
capacity is entitled to 60% of this average wage up to a maximum
defined by the Department of Industrial Accidents.
If an injured worker is partially disabled,
subtract the earnings that worker can be expected to make
from the average weekly wage and multiply the difference by
60% to get the partial disability rate. This rate, however,
cannot exceed 75% of the total disability rate.
What is the difference
between total disability and partial disability?
The crucial distinction between total and partial
disability is based upon a number of different factors including
the injured worker’s age, education, work experience, fluency
in both written and spoken English, and physical impairments
caused by the industrial accident. While doctors may characterize
one as totally disabled, Administrative Judges apply these
factors in assessing the impact of an injury upon a workers'
earnings capacity. The analysis is not limited to merely whether
one can perform his or her usual job, but rather whether a
person can perform work other than "that of a trifling nature."
If it is determined that an injured employee can work in a
job other than the one in which he or she was working when
injured then that worker may not qualify for total disability.
This is an area of the law where subtle differences have a
huge impact on the amount of benefits payable as a result
of an industrial accident.
Are workers' compensation
benefits taxable?
Workers' compensation payments are not taxable
under either state or federal income tax law.
Can my children obtain
payments while I am disabled?
Dependency benefits are only payable if the
injured worker’s weekly compensation drops below $ 150.00
per week in which case an additional $ 6.00 per week per dependent
is added to the workers' compensation rate until it reaches
$ 150.00.
Is there a deductible
for medical payments?
No. Medical providers, including pharmacies,
treating injured workers under the Workers' Compensation Act
are required to accept rates published by the Department as
full payment for the treatment provided, and cannot charge
an injured worker any amount in excess of those amounts.
Can I choose my own
doctor?
Yes. However, an employer can require you to
see a preferred provider for the initial visit only if the
employer so desires. After that visit, you can treat with
whomever you choose. There is one important limitation to
bear in mind. You can switch doctors only once within a medical
specialty. If you desire to change more than once, you must
receive permission from either your employer or the insurer.
Do I need to get permission
to see a doctor?
No. You can schedule an appointment with whomever
you choose whenever you choose. Insurers are required to provide
payment for all medical care which is reasonable and necessary
to treat a work related injury.
To speak with a highly experienced workers’
compensation lawyer, click
here, or telephone Parker Scheer LLP seven days
a week, toll free at 886-414-0400. There is no fee charged
to discuss your case, and all information furnished will be
kept strictly confidential.
Massachusetts
Premier Workers' Compensation Lawyers
Other Massachusetts Workers'
Compensation Resources
Massachusetts
Workers' Compensation Act
Massachusetts
Department of Industrial Accidents
Injured
Worker's Guide (Publication of Mass. Department of Labor)
The
Workers' Compensation Rating and Inspection Bureau
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Parker Scheer LLP lawyers handle workers' compensation claims in Massachusetts towns including Acton, Amesbury, Amherst, Andover, Arlington,
Ashburnham, Ashfield, Ashland, Athol, Attleborough, Barnstable,
Barre, Bedford, Belmont, Berkley, Berlin, Bolton, Boston, Boxborough,
Boxford, Boylston, Bradford, Braintree, Burlington, Buzzards
Bay, Cambridge, Carlisle, Charlemont, Charlestown, Charlton,
Chelmsford, Chelsea, Clinton, Concord, Danvers, Dedham, Deerfield,
Dudley, Duxbury, East Longmeadow, Essex, Fall River, Fitchburg,
Foxboro, Framingham, Franklin, Freetown, Gardner, Gill, Gloucester,
Granby, Groveland, Hadley, Hamilton, Hanover, Haverhill, Holbrook,
Holliston, Holyoke, Hopkinton, Hubbardston, Hudson, Ipswich,
Kingston, Lakeville, Lancaster, Lawrence, Leominster, Lexington
Lincoln, Lowell, Ludlow, Lynn, Lynnfield, Malden, Marblehead,
Marlborough, Marshfield, Maynard, Melrose, Methuen, Methuen,
Middleborough, Middlefield, Milford, Milton, Monterey, Nantucket,
Natick, Needham, New Bedford, Newbury, Newburyport, Newton,
North Attleborough, North Brookfield, Northampton, Northborough,
Paxton, Peabody, Pepperell, Pittsfield, Plymouth Provincetown,
Quincy, Reading, Richmond, Rockport, Rowe, Rowley, Salem, Saugus,
Sherborn, Southbridge, Spencer, Sterling, Stoughton, Stow, Sturbridge,
Sudbury, Templeton, Topsfield, Townsend, Truro, Upton, Wakefield,
Waltham, Watertown, Wayland, Wellesley, West Boylston, West
Newbury Westborough, Westford, Weston, Westport, Williamstown,
Wilmington, Winchendon, Winchester, Woburn, Worcester, Yarmouth.
Parker Scheer also provides referral services for personal injury
lawyers in states other than Massachusetts.
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