Massachusetts Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Massachusetts's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Massachusetts's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Massachusetts.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
The Massachusetts system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers are not permitted.
Special Employment Situations
The Massachusetts worker's compensation act applies to agricultural workers. Any domestic worker employed sixteen or more hours per week by an employer is covered by the state worker's compensation act.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for the up to 156 weeks.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD will ordinairly continue for up to 260 weeks, but may in certain cases be extended to up to 520 weeks. PPD payments are subject to reduction by unemployment insurance and Social Security benefits.
Scheduled awards are paid in addition to total temporary disability benefits starting directly after the accident. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for bodily disfigurement, except that disfigurement based on scarring is not compensable unless the disfigurement is on the face, neck or hands.
Physical and vocational rehabilitation benefits are available. With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Limits on Attorney Fees
If the employee prevails before the hearing, attorney fees for claimaints are limited to twice the state average weekly wage. Otherwise, claimaints' attorney fees are set by the agency depending upon the manner in which the case is resolved. In certain cases, the attorney fee may be added to the award.
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