How Long Can a Person Be on Workers Compensation in Massachusetts?
When injured on the job in Massachusetts, you may be entitled to benefits based on workers’ compensation laws in the state of Massachusetts. The laws require that every employer have workers’ compensation insurance and the insurance is what pays benefits to employees who are injured. It is important to understand the basics of workers’ compensation in the state when living and working in the region, so you can file a claim if injured on the job.
Most every individual who experiences an injury on the job wonders just how long compensation will last. The length of benefits is based on the type of disability caused by the injury. There is total and permanent incapacity, total incapacity and partial incapacity. Each of these categories is broken down below so you can better understand your options.
Temporary Total Incapacity Benefits
Let’s start with this category. This section is used for individuals who have an injury or illness while working on the job that leaves the person unable to work for six or more full or partial calendar days. The days do not have to be consecutive. The benefits of this category will be 60% of the gross weekly wage (an average) considering the 52 weeks before the injury date. Benefits can be paid as much as 156 weeks. The compensation you receive will begin from the 6th day of the disability.
Temporary Partial Incapacity Benefits
This is a second section that falls under workers’ compensation laws of Massachusetts. Individuals who qualify for this section will be those who can work but will be earning less due to injury or illness on the job. This could include an injury that forces an individual to take a lower paying job or work less hours due to the injury. Benefits for this category will be disbursed weekly with a max benefit of 75% of the weekly total temporary benefits, which is 60% of the weekly wage in a gross average. Benefits in this category can last up to 260 weeks.
Permanent & Total Incapacity Benefits
Individuals who qualify for this category will be totally or permanently unable to work in any capacity due to an injury or illness that is work-related. Benefits will be 66% of the gross average weekly wage and a minimum of 20% can be collected based on state average weekly wage when the injury occurs. These benefits will last for the length of the disability.
These are just three categories that fall under Massachusetts workers’ compensation laws. As an employee, it is important to know your rights, particularly if you work in a dangerous field or work environment. Contacting an attorney who concentrates in workers’ compensation law is a perfect way to start. Having a qualified attorney by your side will help you determine if you have a case and can file a claim for benefits.
If you are ever injured on the job, it would always be in your best interest to speak with an experienced workers compensation attorney to review your case.