Workers compensation is a vital insurance system that protects employers and their employees. If an employee is injured on the job or suffers from work-related disabilities, diseases, or conditions, the employee is entitled to wage replacement and benefits packages. These packages are adjusted to suit the individual case and are affected by the severity of the injury or condition and the length of time away from work.
Benefits include medical and hospital expenses, prescription drugs, and wage replacement which includes weekly compensation for wages lost due to recovery or rehabilitation time. As laws vary from state to state, workers compensation rules and regulations are no exception. In the state of Massachusetts, agencies and offices that play important roles in delivering the workers compensation services include the Department of Industrial Accidents, the Division of Insurance, and the Executive Office of Health and Human Services.
Massachusetts Workers Compensation Advisory Council
Also known as the WCAC, the Massachusetts Workers Compensation Advisory Council monitors, advises, and reports on the workings and rulings of the workers compensation system. They also release yearly reports that evaluate the system.
Temporary Total Incapacity Benefits
In Massachusetts state, temporary total incapacity benefits are available to workers who need five-plus days away from work due to their injuries. These initial five days are unpaid, except for individuals in need of more than twenty-one days. These benefits continue until they return to work, have reached the maximum level of medical improvement, or a full three years of payments have been made. These benefits would cover sixty percent of your average weekly wage. However, there is a cap on the amount that can be received, and Massachusetts has one of the higher cap levels.
Permanent Total Incapacity Benefits
Under permanent total incapacity benefits, with a complete evaluation from a doctor stating you have a permanent disability that prevents you from returning to work, you can receive your weekly payments for the duration of your disability.
Partial Incapacity Benefits
Under partial incapacity benefits, if you can work but your injury is causing you to earn less, you are entitled to receive temporary partial benefits. These benefits are calculated by taking sixty percent of the difference between your wages pre-injury and your earnings capability post-injury.
If you were injured on the job in the state of Massachusetts or developed a work-related illness or condition, enlisting the help of a Boston work comp attorney can ensure you receive the best possible wage replacement and benefits package. Under the workers compensation system, employers are protected from the damaging effects of injury and wage loss because employees waive their rights to file personal injury claims or lawsuits against their employers in exchange for eligibility to wage replacement and benefits packages.