Workers' Compensation

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.

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

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.

This is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.