If you were hurt on the job, you can receive benefits under Massachusetts Workers’ Compensation System. To receive workers’ comp benefits, you need to seek medical attention immediately and report your injury to your employer. It is also recommended that you keep detailed notes of all interactions and conversation in addition to copies of all documents related to your injury, treatment, and claim.
Your employer is required to report your claim to its workers’ compensation insurance company if you miss five days of work, either partial days or full days. The report is filed with the insurance company and the Massachusetts Department of Industrial Accidents (DIA). You should also receive a copy of the report for your records. If your employer refuses to file a claim, you can file a claim yourself or contact our Boston workers’ compensation lawyer at 888-743-2079 for a free consultation. We can help you file your claim so you can begin receiving your workers’ comp benefits.
What Benefits Are You Entitled to Receive for a Workers’ Comp Claim?
Payment for Medical Expenses
You are entitled to choose the physician who provides treatment for your workplace injury or illness. You are entitled to payment of your medical bills for a workplace injury regardless of the amount of time you are out of work. Make sure you tell the medical provider that you are being treated for an injury or illness related to a workplace accident. Provide the doctor with the name and contact information for your employers’ workers’ compensation insurance carrier. This information is required to be posted in a public area at your job.
However, you must be out of work for five days or more before you are eligible to receive income benefits. Your employer must file a report with its insurance carrier and the DIA whenever an employee misses five or more days of work due to a workplace accident. You will not receive full compensation for your lost income. Under workers’ compensation, the most you are entitled to receive is 60 percent of your lost wages. The amount is calculated on your average weekly wages before deductions for taxes and benefits and is referred to as Temporary Total Incapacity Benefits.
Temporary Total Incapacity payments can be paid up to 156 weeks. You will be paid for the first five days you were out of work after you have been out of work 21 days because of the injury.
Partial Incapacity Benefits
If you are unable to earn the same amount of income because of your injury, you may be entitled to Partial Incapacity payments. These payments may be paid for up to 260 weeks. The maximum amount you can receive for Partial Incapacity payment is 75 percent of your Total Temporary Incapacity payments.
Permanent Total Incapacity Benefits
If you are unable to perform any work because of your workplace injury, you may receive Permanent Total Incapacity payments for as long as you are disabled. The payment is calculated as two-thirds of your average weekly wage up to a maximum of the State Average Weekly Wage (SAWW).
Other Workers’ Compensation Benefits
Depending on the facts of your workers’ comp claim, you may be entitled to receive additional benefits. Some of the benefits you might receive include:
- Disfigurement Benefits
- Permanent Loss of Function Benefits
- Survivors or Dependents Benefits
- Burial Expenses
- Lump Sum Settlements
- Vocational Rehabilitation Services
If you have questions about the benefits you should receive when you are hurt on the job, we can help. Our attorneys will help you receive all benefits you are entitled to receive by law, including filing appeals if the workers’ compensation insurance carrier denies a valid claim for benefits.
For a Free Consultation, Call a Boston Workers’ Compensation Lawyer
Do not allow your employer or its insurance carrier to convince you that you do not need to consult with an attorney. If you are unsure about your rights or you have questions, contact Jim Glaser Law today at 781-689-2277 or fill out our online form to request a free case evaluation.