Workers Comp Law

Serving all of Massachusetts and the South Shore, including Quincy, Brockton, and Plymouth

Workers’ compensation is a form of insurance that provides lost wages and medical benefits to employees who have sustained an injury while performing work-related duties. Nearly every Massachusetts public and private employer is required by law to have workers’ compensation insurance. It doesn’t matter whether the business is for-profit or a charitable organization. Most employers buy workers’ compensation insurance from insurance companies, and the insurance company pays out the benefits to eligible workers.

Massachusetts Workers’ Compensation Law

Any bodily injury, illness, or worsening of pre-existing conditions caused by accidents at work are covered by workers’ compensation insurance in the state of Massachusetts. Both documented and undocumented workers are eligible, as well as volunteers and people who work for no pay. The injury must extend past five calendar days in order to qualify for workers’ compensation, but the days do not have to be consecutive. Additionally, workers’ compensation is a no-fault system, meaning you do not need to prove that anyone was negligent. Even if you were at fault, you still get workers’ compensation benefits.

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Workers’ Compensation Benefits

If you are injured on the job, your workers’ compensation benefits will include a percentage of your lost wages, which varies based on the injury and is capped at a maximum amount set by the state every year. Depending on the severity of your injury, you may be eligible for:

  • Permanent and total disability: If you become totally and permanently disabled and cannot return to work, you may receive 2/3 of your average weekly wages that you earned before the accident. (Massachusetts Law Chapter 152, Section 34)
  • Temporary total disability: If you are unable to work for more than five days due to your workplace injury, you may be eligible to receive 60% of your weekly wages for up to three years.
  • Partial disability: If you become partially disabled as a result of your injury, meaning that you can return to work but cannot perform at your previous earning capacity, you may receive 60% of your average weekly wages before the injury for up to five years. (Massachusetts Law Chapter 152, Section 35)

Other available workers’ compensation benefits cover:

  • Medical expenses
  • Loss of function
  • Scarring
  • Death/Survival benefits
  • Out-of-pocket expenses (crutches, wheelchairs, etc.)
  • Property damage
  • Vocational rehabilitation
  • Physical therapy

Other Massachusetts Workers' Compensation Laws

Massachusetts Law Chapter 152, Section 28 states that workers’ compensation benefits will be doubled if the injury is caused by the employers’ “serious and willful misconduct.” This means that if an employer maintains a workplace that is dangerous and violates health and safety codes, you may be eligible for double workers’ compensation benefits.

Massachusetts Law Chapter 152, Section 31 states that a surviving spouse may receive death benefits from the deceased’s employer as long as she remains living, unmarried, and not fully self-supporting.

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At Powers & Caccavale, we use our experience to aggressively and relentlessly represent you, fighting for your rights and the benefits you deserve as a result of your accident and injury. We pride ourselves on effective communication with our clients, providing you with individual attention and great results.
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