Massachusetts Workers Compensation Laws
Massachusetts may be known for its critical role in our nation’s founding, but its workers have always kept the state running. No matter what your job is in the Bay State, from techie to fisherman, workplace injuries can happen anywhere. When they do, Morgan & Morgan is here to fight for you. We protect the rights of workplace injury victims by helping them collect the benefits they deserve. Here’s what you should know about Massachusetts workers’ compensation laws.
What Is Workers’ Compensation?
In Massachusetts, all employers are required to carry workers’ compensation insurance policies for all of their staff members. These policies provide partial wage replacement and other benefits for victims of workplace injuries. The benefits you receive will depend on the nature and severity of the trauma. All that is required for workers’ compensation is that your injury happened in the course of employment, not that your employer was at fault.
What Are Disability Benefits?
If your injury requires that you take time away from work, you may be eligible for disability benefits such as:
- Total Incapacity: If your doctor determines that you are unable to return to work during the duration of your recovery, you may be considered totally incapacitated. This entitles you to 60% of your average weekly earnings subject to a maximum set at the state’s average weekly wage ($1,431.66 in 2019). Workers’ compensation does not pay for the first five days of your injury until the 21st day of missing work. Benefits continue until one of the following occurs:
- You can return to work.
- Your doctor concludes that your condition won’t get any better with further medical treatment (called maximum medical improvement, or MMI).
- You receive benefits for 156 weeks.
- Partial Incapacity: If your doctor determines that you may return to reduced work that impacts your earnings, you may be entitled to partial incapacity benefits. This entitles you to 60% of the difference between your average weekly earnings before and after the injury.
- Total and Permanent Incapacity: If your doctor determines that you are unable to return to work, you may be entitled to total and permanent incapacity benefits equal to two-thirds of your average weekly earnings prior to the injury.
What Else Is Covered?
Under Massachusetts workers’ compensation law, workers are provided additional benefits including:
- Medical care such as doctors’ visits, medical treatments, prescription drugs, and reimbursement for travel to appointments
- Vocational rehabilitation if you are unable to return to your occupation
- Compensation for disfigurement or scarring of face, neck, or hands
- Death benefits for survivors of deceased workers and burial costs up to eight times the state average weekly wage
What if My Benefits Are Denied?
Profit-seeking employers and insurance companies will do anything they can to refuse to pay you what you deserve, including breaking the law. Often they will claim that the injury was not work-related. If your benefits are denied, a Morgan & Morgan attorney can help you file an appeal against the workers’ compensation insurance company.
Contact Morgan & Morgan
When you are the victim of a workplace injury, it’s essential that you thoroughly understand your rights and how workers’ compensation laws apply to you. At Morgan & Morgan, our Massachusetts attorneys fight against big businesses to get you the benefits you deserve. Fill out a free case evaluation today to get started.