When employed within the state of Massachusetts and you are injured, you may be entitled to benefits based on the worker’s compensation laws of the state. These laws require that employers have worker’s compensation insurance with the state and this insurance will pay out benefits to the employees who are injured while in the workplace. If you are injured in an accident at work, you must learn the basics of worker’s compensation laws for Massachusetts to see if you quality for compensation. It is also recommended that you seek the services of an experienced injury attorney who has experience in such matters to assist with your claims.
The law offices of Joseph R. Donohue are prepared to assist you with any worker’s compensation claims. The benefits that are available to workers who are injured based on the state laws include full coverage for medical costs related to the injury as well as financial assistance if the individual is temporarily or permanently disabled due to the injuries.
The amount of money provided to the employee who is disabled will be dependent on the extent of the disability. If a worker has been totally disabled and unable to work for the rest of their life, they will receive more money than someone who is classified as temporary disabled. Temporary means that the individual will eventually be able to get back to work.
Based on state law, a disabled worker is entitled to the following benefit amounts:
- Total and permanent incapacity which equals to two thirds of the employee’s average wage weekly
- Total incapacity which equals 60% of the employee’s average weekly wage up to a maximum of 156 weeks
- Partial incapacity which equals 60% of the difference between the weekly wager of the employee before the injury and after the injury
Disability payments will not be received by the individual until five days after the injury. If the disability lasts for more than 21 days, the employee can collect back pay for the waiting period.
What to Do in Case of Injury
The law offices of Joseph R. Donohue recommend that once you are injured on the job site, seek medical attention immediately. You want to inform your employer of your injury, preferably in writing. This is how the process of a worker’s compensation claim will begin. After this, you will have a four-year time frame after you are aware of the connection between your injury and workplace to file a claim with the worker’s compensation insurance carrier of your employer.
If your claim is accepted, then you will receive a check, usually within a two-week period. If not, then you have the option to request a hearing within the Department of Industrial Accidents. If you must attend a hearing, it is best to have an experienced attorney by your side. Joseph R. Donohue has the experience and knowledge of worker’s compensation claims to help you with your case. Contact the office today to schedule a consultation to go over your injury and potential disability claim.