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.
