Stoughton, MA Workers’ Compensation Lawyer
Nearly all employees in Stoughton are covered by Workers’ Compensation, which can provide them a path to recovery following a catastrophic accident in the workplace.
In Stoughton, Workers’ Compensation benefits are assessed based on a claimant’s disability. For example, temporary total disability (TTD) benefits differ from partial disability benefits, which differ from permanent and total disability (PTD) benefits. That said, all these lost-wage benefits are calculated considering a claimant’s prior wage and may not exceed certain limits in Massachusetts. In addition to paying you a portion of your lost wages, Workers’ Compensation may also cover all reasonable and necessary medical costs. Furthermore, depending on your injury, you might get cost-of-living adjustments or special monetary awards in addition to your normal benefits.
Call our Stoughton, MA Workers’ Compensation lawyers at (617) 925-6407 to get a free and confidential case evaluation from the Law Office of John J. Sheehan.
Workers’ Compensation Disability Classifications and Benefits in Stoughton, MA
In Massachusetts, workplace injuries are classified according to severity and how they impact a claimant’s ability to do their job. The disability classifications for Workers’ Compensation in Stoughton are temporary partial disability, partial disability, and permanent and total disability.
Temporary Total Disability
You could get temporary total disability benefits if you cannot work for six or more days because of an occupational illness or injury. Those days can be full or partial days and do not have to be consecutive. Injuries that commonly cause temporary incapacitation include minor sprains and strains, and other injuries that could fully heal but might require some time away from work.
Per Mass. Gen. Laws Ch. 152, § 34, when claimants qualify for TTD benefits, they can get 60% of their gross average weekly wage (AWW) per week. This is a game of averages, so to speak, so your weekly benefit amount might not exactly reflect your recent earnings.
Weekly TTD benefits are limited. They cannot exceed the statewide AWW in Massachusetts, which is currently $1,796.72 per week . These benefits will only last for up to 156 weeks or until a claimant’s disability improves, whichever comes first.
Compensation is paid from the sixth day of disability onward. You will not recover TTD benefits for the first five days of your disability unless you are disabled for three weeks or more.
Partial Disability
Workers who sustain injuries that lower their earning capacity can get partial disability benefits in Stoughton. For example, if you sustained a repetitive motion injury because of your prior responsibilities, you might need to change roles in the workplace so as not to exacerbate your injury. That change might cause your income to decrease, a change that partial disability benefits can offset.
Pursuant to Mass. Gen. Laws Ch. 152, § 35, partially disabled claimants can get 60% of the difference between their AWW before an injury and their weekly earning capacity after an injury. Partial disability benefits may not exceed 75% of your temporary total benefit, which would be 60% of your gross AWW. These calculations can get confusing, so our Workers’ Compensation lawyers can carefully explain your likely benefit and why it will be that amount.
Partial incapacity benefits can last for up to 260 weeks in Stoughton.
Permanent and Total Disability
The final lost-wage type in Stoughton is permanent and total disability benefits. You will qualify for these benefits if you cannot perform any work because of a permanent occupational illness or injury. Injuries that might qualify claimants for PTD benefits include permanent traumatic brain injuries, paralysis, limb loss, and sight loss.
Under Mass. Gen. Laws Ch. 152, § 34A, if you qualify, your weekly PTD benefit will be two-thirds of your AWW based on the year preceding the injury. At a minimum, claimants will get 20% of the state AWW each week. Permanent and total disability benefits last for as long as a recipient’s disability lasts, often for the rest of their lives. On top of weekly benefits, you might get cost-of-living adjustments from your employer’s Workers’ Compensation carrier if you have gotten PTD benefits for several years in Stoughton.
Specific Injury Benefits
Additional monetary benefits are available for claimants with certain permanent injuries, such as bodily disfigurement and limb loss. If you qualify for special compensation under Mass. Gen. Laws Ch. 152, § 36, that award would be paid in addition to your normal lost-wage benefits and medical benefits.
Workers’ Comp Medical Benefits for Claimants in Stoughton, MA
In addition to compensation for missed wages because of an injury, claimants can recover damages for medical expenses.
Workers’ Compensation should cover all reasonable and necessary medical expenses from a workplace accident or injury. Your employer or their insurer might require you to see an independent medical examiner at some point during your claim to confirm your injuries. Regardless of the type of lost-wage benefits you get, your employer’s carrier should compensate all medical costs.
Workers’ Comp Death Benefits in Stoughton, MA
Finally, if a victim died because of an occupational illness or injury in Stoughton, their survivors might recover Workers’ Compensation death benefits.
In the event of a worker’s death, their family could recover Workers’ Compensation benefits for burial expenses. Compensation paid in these cases may not exceed eight times the state AWW in Massachusetts, under Mass. Gen. Laws Ch. 152, § 33. In addition to covering funeral expenses, Workers’ Compensation pays weekly death benefits to survivors.
According to Mass. Gen. Laws Ch. 152, § 31, a victim’s spouse can get two-thirds of their average weekly wage for as long as they stay unmarried. If a victim does not have a surviving spouse, Workers’ Compensation death benefits may be paid to their surviving children.
Call Our Attorneys in Stoughton, MA About Your Workers’ Comp Claim Now
Call our Workers’ Compensation lawyers at (617) 925-6407 to have the Law Office of John J. Sheehan evaluate your case for free.
