What Workers’ Compensation Covers

In a typical workers’ compensation claim, you are entitled to five different benefits:

1) Weekly Compensation for Work Injury

If you become disabled as a result of your on-the-job injury, you are entitled to receive weekly workers' comp benefits for as long as you remain disabled. The amount of your weekly check is determined by your pre-injury wages. In the state of Massachusetts, these amounts differ by the severity of your disability:

Temporary total incapacity benefits

If you are left unable to work due to your injury for six or more calendar days, you are eligible to receive total temporary benefits. You could receive these benefits weekly for up to 156 weeks.  In order to determine the weekly amount, take your gross earnings, including overtime and bonuses, and divide this number by the number of weeks you worked. Then, multiply this number by 60% to calculate your approximate weekly compensation. This is just an estimate and the exact amount should be discussed with an attorney.

Partial incapacity benefits

If you are able to return to work, but cannot perform all of the same tasks you did prior to your accident or cannot work full time, you may be entitled to partial incapacity benefits. You may receive these benefits weekly for up to 520 weeks depending on the severity of your case. The weekly amount is determined by taking 60% of the difference between your average weekly wage prior to your injury and the weekly wages you can now earn.

Permanent and total incapacity benefits

If your work-related injury leaves you permanently and totally unable to return to work, you may be entitled to permanent and total incapacity benefits for as long as you are unable to work. You could receive two-thirds of your average weekly wage every week.

2) Permanent loss of function and disfigurement Work Injury benefits

If your injury has left you with permanent scarring or disfigurements on your neck, face, or hands, you may be entitled to a one-time payment under Massachusetts’s workers’ compensation law. This benefit is in addition to medical bills, lost wages, etc.

 3) Payment of Medical Bills from Work Accident

Under Massachusetts’s law, you are entitled to reasonable and adequate medical care. This also includes travel expenses to and from the hospital.

4) Vocational Rehabilitation from Work Injury

If your doctor decides that you will not be able to return to your previous job due to your injury, you may be eligible for vocational rehabilitation services. The goal of these programs is to get you back to work and earning as close as possible to what you were earning before your injury. These services can include vocational testing, counseling, job placement assistance, retraining, etc.

5) Survivor Benefits and Funeral Expenses from Work Accident

If your spouse died as a result of his or her workplace injuries, up to $4,000 in funeral expenses will be covered. Additionally, you may be entitled to receive weekly benefits equal to two-thirds of your deceased spouse’s average weekly wage. These benefits will continue to be paid out until you remain dependent and do not remarry. If you remarry, $60 a week will be paid to each eligible child.

Contact a Massachusetts Workers’ Comp Attorney

The lawyers at Powers & Caccavale are knowledgeable in Massachusetts’s workers’ compensation laws and are familiar with insurance companies and dealing with defense attorneys. Getting a fair value on your case can be very difficult on your own. It is the insurance company’s job to get as low value on your claim as possible. It is our job to make sure you get your rightful benefits and the best possible value on your claim. Call us toll free at (617) 379-0016.

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