Massachusetts Workers’ Compensation

In Mass, the Department of Industrial Accidents, an office within Labor and Workforce Development handles workers’ comp accidents and injuries.  There are offices in Boston, Fall River, Lawrence, Springfield, and Worcester.  The Department is an outgrowth of of the court system that handles MA workers’ comp claims.  It provides information about claims, settlements, vocational rehab in MA, and more.  Note: MA uses the word incapacity instead of the word disability.

Estimate the Value of a Massachusetts Workers’ Comp Claim

Temporary Total Incapacity Benefits

MA TTI benefits are calculated at 60% of the injured workers’ average weekly wage.  AWW is calculated by total earnings at the job, divided by the total number of weeks at the job.  The maximum is 100% of the SAWW at the time of the injury.  These benefits get paid for a maximum of a certain number of weeks.  The injured worker doesn’t get paid for the first few days of missed work because of injury unless there are a set amount of total days missed.

Partial Incapacity Benefits

Partial Incapacity benefits are equivalent to most states’ temp partial benefits.  In MA, they are payable at a rate of 75% of what your total incapacity benefits would be.  These benefits are calculated by the loss of wage based on “less” of a job or the inability to work as much.  The benefits can be paid for up to 260 weeks.

Other Benefit Types

Permanent and Total Incapacity Benefits are payable at a rate of 2/3 of the AWW for the year before the work based injury.  The injured worker must be completely unable to do any type of work to receive these benefits.  They are payable for as long as the disability lasts.  Permanent loss of function and disfigurement benefits are also available to injured workers.  The amount depends on severity and location of the injury.  These injuries are usually settled with the MA workers’ comp insurance company about 9-12 months after the injury.  There is a schedule of amounts – ask your MA workers’ comp lawyer.  There are also medical benefits, death benefits, and survivor and dependents’ benefits

Estimate the Value of a Workers’ Comp Claim in MA

A good MA workers’ comp lawyer has the ability to estimate the value of a workers’ comp claim in MA.  One reason – experience.  The comp lawyer need only know a few facts about your comp case because the lawyer has seen it before.  Not the exact same case – no two MA workers’ comp cases are the same – but a similar enough case to know your approximate value of workers’ comp claim.  Estimate the value of a Boston workers’ comp claim is the same.  Comp cases throughout MA do not change in value by where they are located.  A good Boston workers’ comp lawyer can estimate the value of any MA workers’ comp claim.

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