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COMPENSATION LAWYERS |
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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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Generally, the amount of the weekly workers' compensation payments under the Massachusetts Workers' Compensation Act is based upon the injured employee's average weekly wage (AWW) on the date of an accident. An injured employee who is totally disabled is entitled to receive 60% of that average wage. It is quite apparent that the proper calculation of the average weekly wage is crucial to maximize an injured worker's weekly payments.
The average wage is computed in a number of different ways. The most straight forward involves an injured worker who has been employed by the employer for more than a year before the industrial accident. In that case, the AWW is computed by dividing the employee's gross earnings (before taxes) during the one year prior to the accident by 52 weeks. If the injured employee has worked less than a year, then the gross wages are divided by the actual number of weeks worked.
When an industrial accident occurs shortly after a person is hired, then the AWW may be calculated by use of a comparable employee's earnings. When the insurer seeks to utilize this method one must be very careful that a truly comparable employee's wages are used, not the lowest paid employee. If there are no comparable employees, then a survey of the local area to find similar employees may be used to calculate AWW.
The wages used to define the AWW include the gross wages before taxes, and may include earnings from a second job as well. These wages include all taxable earnings, including overtime, shift differential, commissions and bonuses. If a person is being provided room and board or an automobile allowance, then the fair value of these benefits may also be included in the AWW.
While fringe benefits are generally not included in this equation, there are circumstances when such benefits may be included. These benefits can have an enormous impact upon the AWW, and must be carefully considered.
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
Workers' Compensation - F.A.Q's
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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