Workers Compensation Benefits

Overview of Massachusetts Workers' Compensation Benefits

TEMPORARY TOTAL INCAPACITY BENEFITS

If your injury or illness leaves you unable to work for 6 or more full or partial calendar days you are entitled to temporary total lost wage benefits equal to 60% of your gross average weekly wage of 52 weeks prior to your injury date. These benefits are payable for up to 156 weeks.

TEMPORARY PARTIAL INCAPACITY BENEFITS

If you are able to work but now earn less due to your injury or illness, you are entitled to temporary partial lost wage benefits of up to 75% of your weekly benefits. These benefits are payable for up to 260 weeks.

PERMANENT AND TOTAL INCAPACITY BENEFITS

If you are totally and permanently unable to do any kind of work as a result of a work-related injury or illness, you are entitled to permanent and total lost wage benefits equal to 66% of your gross average weekly wage. These benefits are payable for as long as you remain disabled.

MEDICAL BENEFITS

If you suffer a work-related injury or illness that requires medical attention, you are entitled to:

1. Adequate and reasonable medical care;
2. Prescription reimbursement; and
3. Mileage reimbursement for travel to and from medical visits.

SCARRING AND PERMANENT LOSS OF FUNCTION AND DISFIGUREMENT

You are entitled to additional benefits if a work-related injury or illness results in permanent loss of certain specific bodily functions, scarring, or disfigurement. The scars must be located on your face, neck or hands. These one time payments for your disfigurement and/or scarring are in addition to other payments like medical bills or lost wages. The amount paid depends on the location and severity of the disfigurement or function loss.

SURVIVORS' AND DEPENDENTS' BENEFITS AND BURIAL COSTS

If you are the spouse or dependent child of an employee who has died as result of a work-related injury or illness, you are entitled to survivor and dependent benefits. Children are eligible only if they are under age 18, are full-time students, or are unable to work because of physical or mental disabilities. Surviving spouses can receive weekly benefits equal to 66% of the deceased worker’s average weekly wage. Surviving spouses can receive these benefits for as long as they remain dependent and do not remarry.

VOCATIONAL REHABILITATION

If liability has been accepted by the workers’ compensation insurer for your injury and you have permanent functional limitations, you may be entitled to vocational rehabilitation benefits. If found eligible, these benefits provide training and/or education to assist in a return to meaningful employment.