How Much is a Workers’ Comp Settlement in MA?
If you have suffered an injury at work, you may be entitled to compensation. However, it is important to understand how much you can receive by filing a Workers’ Compensation claim and how your claim’s value is determined in Massachusetts.
There are various factors that can impact the value of your Workers’ Compensation claim. The amount of compensation you receive is likely to be influenced by the severity and expenses of your injuries, your average weekly wage, and your ability to return to work. Additionally, it is crucial to have evidence of the accident and the injuries sustained in order to receive the compensation you deserve. Our team is here to assist you in navigating the claims process and ensuring that your Workers’ Compensation claim in Massachusetts is successful.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Boston Workers’ Compensation lawyers.
How Much is a Workers’ Compensation Settlement Worth in Massachusetts?
When it comes to your Workers’ Compensation claim in Massachusetts, there are several factors that may affect the amount of compensation you can recover for your financial damages. The type and cause of your injury are important, as well as your medical expenses, weekly wage, and work restrictions. To increase your chances of receiving a higher amount of compensation, it is important to provide sufficient evidence and seek the guidance of our experienced Massachusetts Workers’ Compensation lawyers. The following factors are crucial in determining the value of your Workers’ Compensation claim:
When filing a Workers’ Compensation claim in Massachusetts, the value of your claim depends on various factors such as the nature of your injury, how it occurred, and its severity. Only injuries that occur on the job are covered under Workers’ Compensation. Illnesses and medical and mental health conditions that result from work may also be covered.
When you file a Workers’ Compensation claim, a significant part of the compensation you receive will be allocated to your medical expenses. This means that the healthcare costs that resulted from your injury are crucial in determining the worth of your claim. Do you need to undergo a surgical procedure? Will you require physical therapy? Are there any expensive medications that you need to take to treat your injuries? Our firm can compile all your medical bills to provide an estimate of the potential value of your claim.
Average Weekly Wages
In Massachusetts, the value of Workers’ Compensation claims is determined by taking into account the injured employee’s average weekly wage. This calculation is used to estimate the losses you might incur. Our attorneys can assist you in filing a Workers’ Compensation claim in Massachusetts, and you may be compensated for a portion of these losses. The duration of your benefit payments will be determined by the severity of your injury and how long you are unable to work. Typically, employees with higher average weekly wages will receive more valuable Workers’ Compensation benefits in Massachusetts.
When employees get injured in Massachusetts, it’s common for Workers’ Compensation insurance companies to try to minimize the benefits they pay out. That’s why it’s crucial to have sufficient evidence of the accident, including how it happened and the injuries sustained. Our team of Massachusetts Workers’ Compensation lawyers can assist you in gathering evidence, such as security camera footage, eyewitness accounts, and medical records. The more evidence you can provide of the accident and its impact on you, the higher your Workers’ Compensation benefits may be in Massachusetts.
In some instances, employees who sustain injuries may be able to resume work in some capacity following an accident. If you are able to return to work with certain limitations and earn a salary, it may have an impact on the value of your Workers’ Compensation claim. In such a scenario, you may be able to utilize the income you earn from undertaking lighter duties to offset some of your medical expenses. Our team can provide you with an understanding of how returning to work with restrictions can influence your Workers’ Compensation claim in Massachusetts.
Types of Workers’ Compensation Benefits in Massachusetts
There are various types of benefits from Workers’ Compensation settlements in Massachusetts. As mentioned, these are typically based on the severity of the injury, work missed, and whether or not an employee will ever be able to return to work. The following are the types of potential benefits you could receive in a Massachusetts Workers’ Compensation claim:
Temporary Total Incapacity Benefits
If you find yourself unable to work due to a work-related injury or illness, you may be eligible to receive temporary total incapacity (TTI) benefits in Massachusetts, which are generally referred to as temporary total disability in other areas. These benefits do not commence until you have been away from work for a minimum of five days unless you are unable to work for at least 21 days.
The TTI benefits will continue until one of these three things happens: you are able to return to work, your doctor confirms that you have reached maximum medical improvement (MMI), meaning that your condition is unlikely to improve even with further medical treatment, or you have received these payments for three years.
The weekly TTI payments are calculated as 60% of your average weekly wage before your injury or illness, subject to a maximum and minimum based on the statewide average weekly wage (SAWW) at the time of your injury. If your pre-injury wages are less than the minimum, you will receive the full amount of your pre-injury wages.
Permanent Total Incapacity Benefits
In the event that medical professionals determine you are unable to work permanently due to injury or illness, you may be eligible to receive weekly payments for the duration of your disability. The amount of these benefits will be two-thirds of your average weekly wage, with the same maximum and minimum limits as temporary total benefits.
Partial Incapacity Benefits
Massachusetts provides partial incapacity benefits for those who are unable to earn as much as they did previously due to injury or illness. The weekly payments are equal to 60% of the difference between pre-injury wages and current earning capacity, capped at 75% of TTI benefits. If the sum of your earnings and partial incapacity benefits exceeds twice the SAWW amount, your benefits may be reduced.
Partial incapacity benefits continue until you are able to earn your normal wage or until you have received them for five years. However, they may be extended up to ten years if your injury has left you with certain types of permanent disability. These include at least 75% vision loss in one or both eyes that can’t be corrected, at least 75% loss or lost use of a limb, an occupational disease that’s permanently disabling, or any physical condition that’s permanently life-threatening.
Our Massachusetts Workers’ Compensation Lawyers Can Help
For a free case evaluation with our Cambridge Workers’ Compensation attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.