Is Workers’ Compensation a Right for All Employees in Massachusetts?

Workers’ Compensation insurance provides crucial benefits to employees who suffer on-the-job injuries and illnesses. By filing for Workers’ Compensation benefits, injured employees may recover payment for lost wages and medical expenses related to the harm they suffered.

Workers’ Compensation is a right for all employees in Massachusetts. Employers are required to provide such coverage for their workers. Those who do not carry Workers’ Compensation insurance can face severe penalties. Fortunately, even if your employer is uninsured, there are still ways to recover payment for your on-the-job injury. The assistance of our attorneys can be very helpful when determining the appropriate path to compensation after a workplace accident.

If you were hurt on the job in Massachusetts, get help obtaining the benefits available to you. Get in touch with our experienced Woburn Workers’ Compensation lawyers today by calling The Law Office of John J. Sheehan at (617) 925-6407. Our attorneys will review your case for free.

What is Workers’ Compensation in Massachusetts?

Workers’ Compensation attempts to protect employees from being exploited by their employers. If a person works in a dangerous job, Workers’ Compensation is supposed to assure protection that in the case of injury, employees are not summarily fired without benefits and replaced by healthy workers. Workers’ Compensation seeks to provide employees with guarantees in the event they are injured while at work and ensures that they remain in their job while recuperating from injury. Without Workers’ Compensation benefits available, it is very easy to imagine a system in which a frugal employer notes that his or her injured workers are unable to perform their tasks and instead hires someone else to do it in their place. This is when a Boston workplace injury lawyer would need to be involved.

Are Employers in Massachusetts Required to Carry Workers’ Compensation Insurance?

All employers in Massachusetts are required to carry Workers’ Compensation insurance for their employees. This coverage will extend to all types of workplace accidents, regardless of who is at fault. Employers who do not carry the requisite insurance may face punishment from the Massachusetts Department of Industrial Accidents (DIA). For example, an employer who does not carry Workers’ Compensation insurance may be faced with a stop work order and heavy fines.

Even if your employer does not carry Workers’ Compensation insurance, you can still recover compensation for your on-the-job injury. The state of Massachusetts has established a Workers’ Compensation Trust Fund that can stand in the place of a negligent employer’s insurer if they fail to provide coverage. In addition to filing a claim with the state’s fund, you may also seek payment for your workplace injury by filing a lawsuit against your uninsured employer. No matter the circumstances of your case, our experienced Massachusetts Workers’ Compensation lawyers can help take the appropriate steps toward payment after your on-the-job accident.

What Are the Benefits of Workers’ Compensation in Massachusetts?

Injured workers in Massachusetts can recover several different categories of benefits through Workers’ Compensation. The types of payment awarded in your case will likely be dependent on the extent of harm caused by your workplace accident. During your free case review, our Wakefield Workers’ Compensation lawyers can explain which of the following benefits may be sought:

Total Incapacity Benefits

Under Mass. Gen. Laws Ch. 152, § 34, Workers’ Compensation claimants can recover total incapacity benefits. Total incapacity benefits offer payment to workers who are unable to perform any work at all because of their workplace illness or injury. Workers who file for total incapacity benefits can recover up to 60% of their average weekly wage and may receive such benefits for up to 3 years.

Permanent and Total Incapacity Benefits

Also, according to Mass. Gen. Laws Ch. 152, § 34A, permanent and total incapacity benefits are also available to Workers’ Compensation claimants. These benefits are meant for workers who are totally and permanently unable to perform any type of work because of their on-the-job injury or illness. You do not have to exhaust all of your total incapacity benefits before filing for permanent and total incapacity benefits.

These benefits can compensate workers for up to 66% of their average weekly wage, and the lowest amount that can be awarded is 20%. You may receive permanent and total incapacity benefits for as long as you are injured. The assistance of our Worchester Workers’ Compensation lawyers can be highly beneficial when fighting for the maximum amount of benefits available to you.

Partial Incapacity Benefits

Mass. Gen. Laws Ch. 152, §35 establishes that Workers’ Compensation claimants in Massachusetts can also recover partial incapacity benefits. These benefits serve to compensate employees who suffer workplace injuries that limit the amount of work they can undertake or restrict the type of work they can perform. Claimants who file for partial incapacity benefits may receive payment for up to 70% of their weekly wage.

Benefits for Specific Injuries

Finally, under Mass. Gen. Laws Ch. 152, § 36, employees may also file for benefits for specific injuries. These benefits offer aid to employees who sustain certain on-the-job injuries or illnesses that cause disfigurement, scarring, or and inhibition of specific bodily functions.

In addition to receiving compensation for lost wages and medical bills, injured workers who qualify for benefits for specific injuries will also receive a one-time payment. If you were hurt on the job, our Massachusetts Workers’ Compensation lawyers can help file your claim and fight for the full range of damages available to you.

Examples of Workplace Injuries that Are Covered by Workers’ Compensation in Massachusetts

Any type of on-the-job illness or injury may be covered by Workers’ Compensation. Our Massachusetts Workers’ Compensation lawyers can help injured employees recover payment related to any of the following types of harm:

Broken Bones

Broken bones are a common type of workplace injury that occurs in Massachusetts. On-the-job vehicle accidents and slip and fall accidents are both frequent sources of such harm. Victims that incur broken bones often experience painful and debilitating symptoms. Furthermore, in severe cases, injured parties may require costly surgical treatment for their broken bones. Fortunately, workers who suffer broken bones while at work may recover payment through Workers’ Compensation.

Carpel Tunnel Syndrome

Serious workplace injuries can be incurred by workers in any field. Whether you are working on a construction site or in an office building, harmful accidents can occur. For instance, carpel tunnel syndrome is a common workplace injury suffered by workers in Massachusetts. It is a type of repetitive stress injury often suffered by employees who are asked to type for extended periods of time.

Carpel tunnel syndrome can lead to numbness and pain in the hand and wrist. If suffered carpel tunnel syndrome because of your duties at work, our Saugus Workers’ Compensation lawyers can help recover the payment you deserve.

Traumatic Brain Injuries

Traumatic brain injuries are a very serious type of workplace injury suffered by employees in Massachusetts. These injuries usually occur because of external blows to the head. Workers often suffer traumatic brain injuries because of falls from tall heights or strikes from falling objects. Further, on-the-job vehicle accidents are also a common source of traumatic brain injuries.

Those who suffer traumatic brain injuries can experience a wide array of harmful symptoms. Many workers who incur such injuries are permanently restricted from performing the same work that they could before their accidents. If you suffered a traumatic brain injury at work, you should reach out to our Massachusetts Workers’ Compensation lawyers. Our experienced team can offer guidance and support when seeking the benefits available to you.

Soft Tissue Injuries

Soft tissue injuries are another common type of injury suffered by Massachusetts employees. These injuries can occur in the form of sprains, strains, and tears. There are many different types of on-the-job accidents that can cause workers to incur soft tissue injuries.

Soft tissue injuries can be debilitating and physically painful. In severe cases, those who suffer such injuries will face long and frustrating roads to recovery. Accordingly, employees who suffer soft tissue injuries at work may pursue benefits by filing for Workers’ Compensation benefits. Our Massachusetts Workers’ Compensation lawyers can help claimants follow the correct process for filing their claims.


Lacerations are also a common type of injury suffered by workers in Massachusetts. Workers who work in factories, restaurants, and on construction sites are especially susceptible to suffering such harm. In severe cases, those with lacerations will be prohibited from returning to work until their injuries heal.

Spinal Cord Injuries

Lastly, spinal cord injuries are another common type of on-the-job injury suffered in Massachusetts. These injuries are often related to vehicle accidents, slip and fall accidents, and falls from tall heights. Those who incur spinal cord damage can experience severe immobility or even total paralysis. Accordingly, such injuries can cause victims to incur a great deal of economic damages. Fortunately, these injuries will also be covered by Workers’ Compensation insurance.

If You Suffered a Workplace Injury in Massachusetts, Our Attorneys Can Help

If you were hurt on the job, seek support from our experienced Salem Workers’ Compensation lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407 to review your case for free.