Can You Get Full Pay While on Workers’ Comp in Massachusetts?

Employees who are injured at work can suffer severe financial hardship in the form of medical bills and lost wages. Thankfully, they may be able to recover payment for these losses by filing Workers’ Compensation claims. The amount of payment they are awarded will depend on the specific circumstances of their cases.

Generally, you cannot get full pay while on Workers’ Compensation in Massachusetts. There are four different types of benefits that you may receive. These benefits will typically be awarded on a weekly basis and are calculated as a percentage of your average weekly wage. Still, certain benefits may be awarded in the form of a one-time payment.

If you need help recovering payment for a work-related injury in Massachusetts, get help from our experienced Workers’ Compensation attorneys at the Law Office of John J. Sheehan by dialing (617) 925-6407.

How Much Payment Can You Receive While on Workers’ Compensation in Massachusetts?

Workers’ Compensation is designed to provide financial support to employees who are hurt on the job, but it does not typically provide full wage replacement. Rather, there are four different types of benefits that a claimant can pursue, each corresponding to a different rate of pay.

The types of benefits that an employee may receive will be determined by the severity of their injuries. During a free review of your potential claim, our Workers’ Compensation lawyers can determine which of the following may be available to you.

Total Incapacity Benefits

Total incapacity benefits, as outlined in Mass. Gen. Laws Ch. 152, § 34, are available to those whose work-related injury or illness renders them unable to perform any job tasks. These benefits can reach up to 60% of your average weekly wages and can be received for a maximum of three years.

Permanent and Total Incapacity Benefits

Under Mass. Gen. Laws Ch. 152, § 34A, permanent and total capacity benefits come into play when an injury permanently prevents you from engaging in any form of employment. These benefits offer compensation ranging from 20% to 66% of your typical weekly wages, and they continue for the duration of your injury or illness.

Partial Incapacity Benefits

In cases where your ability to work is partially affected, you might be eligible for partial incapacity benefits under Mass. Gen. Laws Ch. 152, § 35. These benefits apply if you’re limited in the type and amount of work you can perform. Qualifying for partial incapacity benefits allows you to recover compensation of up to 70% of your average weekly wages. Our team can assess your situation and determine your eligibility for these benefits.

Specific Injury Benefits

For individuals who experience specific injuries leading to disfigurement, scarring, or restricted bodily functions, specific injury benefits are accessible under Mass. Gen. Laws Ch. 152, § 36. These benefits aim to compensate you for the impact of such injuries and, if your claim is successful, you’ll receive a one-time payment for the harm you have suffered.

Can Workers’ Compensation Claimants Receive More Than One Type of Benefit in Massachusetts?

There are situations where Workers’ Compensation claimants in Massachusetts may receive more than one type of benefit as the result of their on-the-job injuries and illnesses. In some cases, the evolving nature of claimant’s injuries can cause their compensation to be altered. Furthermore, some injured employees may be receiving distinct benefits for simultaneous injuries. The following are potential examples of such situations:

Example of Total Incapacity Benefits Leading to Partial Incapacity Benefits

A worker may sustain serious injury that renders them completely unable to work for an initial period. During this time, they receive total incapacity benefits. As they gradually recover, their medical condition improves but they are still unable to fully perform their duties at their previous job. In this scenario, they may transition to partial incapacity benefits, as they are working in a limited capacity and earning less than their pre-injury wages.

Example of Partial and Total Incapacity Benefits Combining

An employee may sustain workplace injury that results in a permanent impairment but doesn’t completely prevent them from working. Accordingly, they are awarded partial incapacity benefits. However, over time, the nature of their impairment worsens and causes a decline in their ability to work. As a result, they may qualify for an adjustment in their benefits, potentially leading to a combination of partial and total incapacity benefits.

Example of Total Incapacity Benefits Leading to Permanent and Total Incapacity Benefits

An employee may develop a work-related illness, such as occupational lung disease, that worsens gradually over time. Initially, they might receive total incapacity benefits as they are unable to work because of their deteriorating health. As the illness progresses and becomes a permanent disability, they may transition to permanent and total incapacity benefits, depending on their ability to work and the severity of the impairment.

Example of Distinct Benefits Being Awarded for Simultaneous Injuries

In some cases, a worker might sustain multiple work-related injuries simultaneously, affecting different parts of their body or causing different disabilities. Depending on the extent of each injury, the worker could receive distinct benefits for each injury, reflecting the varying impact on their ability to work.

How to Recover the Maximum Amount of Workers’ Compensation Benefits in Massachusetts

If you were hurt at work, then there are certain steps you may take to maximize your Workers’ Compensation benefits.

First, you should seek medical treatment and notify your employer of your injury as soon as you can. Preferably, you should notify your employer in writing and provide a detailed account of how your accident happened and the injuries it caused. Afterwards, you should be sure to attend any follow-up medical appointments and abide by your doctor’s orders.

Furthermore, you should seek help from experienced legal representation. The team at our firm can help deal with any challenges or uncertainties you encounter during the claims process. Our Wilmington workers’ compensation attorneys will help fight for the maximum amount of compensation available to you.