If an individual is injured during the course of employment or suffers from work-related mental or emotional disabilities, as well as occupational diseases, they’re eligible for worker’s compensation benefits˳ Benefits that an individual can receive for worker’s compensation are; weekly compensation for lost income during the period the employee cannot work˳ Indemnity payments for individuals vary depending on their average weekly wage (AWW) and the degree of incapacitation˳ The Massachusetts Worker’s Compensation statute, dictates that the maximum benefit not exceed 100% of the State Average Weekly Wage (SAWW) and the minimum benefit of at least 20% of the SAWW˳ Also in addition to benefits, the insurer is required to provide medical and hospital services, and medicines if needed˳ Moreover, the insurer must pay for vocational rehabilitation services if the employee is determined to be suitable by the Department of Industrial Accidents (DIA)˳
There are five various forms of indemnity and supplemental benefits that individuals may receive depending on their average weekly wage, state average weekly wage and their degree of disability˳ The first form is Temporary Total Disability (section 34)˳ Compensation will be 60% of the individuals average weekly wage prior to their injury, while remaining above the minimum and below the maximum payments that are set for each form of compensation˳ The maximum weekly compensation rate is 100% of the state average weekly wage ($1,000˳43), while the minimum state average weekly wage is $209˳09˳ If claims involve injuries occurring on or after October 1, 2006, the limit for temporary benefits is 156 weeks˳
The second form of benefits is Partial Disability (section 35)˳ Compensation is 60% of the difference between the individuals average weekly wage prior to the injury and the weekly wage earning capacity after the injury˳ The amount cannot exceed 75% of temporary benefits under section 34, if an injured party is to receive those benefits˳ The maximum benefits period is 260 weeks but may be extended to 520 weeks˳
The third form is Permanent and Total Incapacity (section 34A)˳ In this form the payments will be 2/3 of the individuals average weekly wage following the exhaustion of temporary (section 34) and partial (section 35) payments˳ The maximum compensation rate is 100% of the state average weekly wage ($1,000˳43) and the minimum is 20% of the state average weekly wage ($209˳09)˳ If the claims involve injuries that occurred on or after October 1, 2006, the payments must be adjusted each year for the cost of living allowances (COLA)˳
The fourth form is Death Benefits for Dependents (section 31)˳ The widow or widower that remains unmarried shall receive 2/3 of the individual’s average weekly wage, but not more than the states average weekly wage and no less than $110 per week˳ They should also receive $6 per week for each child and this is not to exceed $150 in additional compensation˳ There are also benefits for other dependents˳ Benefits paid to dependents cannot exceed 250 times the state average weekly wage plus any cost of living increases˳ (COLA) Children under 18, may however continue to receive payments even if the maximum has been reached˳ Burial expenses may not exceed $4000˳
The fifth form is Subsequent injury (section 35B)˳ An individual who has been receiving compensation and has returned to work for two or more months and is subsequently re-injured will receive compensation at the rate in effect at the time of the new injury unless the old injury was paid in a lump sum˳ In the old injury was settled with a lump sum settlement will only the individual will be compensated only if the new claim can be determined to be a new injury˳
When an individual is disabled or incapable of earning full wages for five or more calendar days or dies as the result of a work related injury or disease , the employer must file a First Report of Injury˳ The form must be sent to the Office of Claims Administration at the DIA, the insurer and the individual within seven days of notice of the injury˳ If the employer doesn’t file a First Report of Injury form it may be subject to fines˳
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