Workplace injuries can leave employees facing physical and emotional challenges and financial strain. Massachusetts law requires employers to carry workers’ compensation insurance, which provides employees with essential benefits without needing to prove employer fault. Whether you are temporarily unable to work, coping with a permanent disability, or managing long-term medical needs, these benefits are designed to safeguard your livelihood.

Temporary Total Incapacity Benefits

If your work-related injury or illness keeps you from working for six or more full or partial calendar days, you may qualify for Temporary Total Incapacity Benefits. These benefits compensate you at 60% of your average weekly wage, calculated over the 52 weeks before the injury. The Massachusetts State Average Weekly Wage (SAWW) determines the maximum weekly benefit at the time of the injury. You may receive these payments for up to 156 weeks, depending on the duration of your disability.

For instance, consider a Massachusetts construction worker who sustains a severe back injury while lifting heavy materials. If the injury keeps them from returning to work for several months, Temporary Total Incapacity Benefits provide financial stability during recovery. These benefits help cover living expenses, allowing the injured worker to focus on regaining health without the added stress of lost income.

Temporary Partial Incapacity Benefits

Not all injuries result in complete incapacity. If you are able to return to work but cannot perform your regular job duties or must accept reduced hours, you may qualify for Temporary Partial Incapacity Benefits. These benefits compensate for the difference between your pre-injury earnings and your decreased earning capacity, up to 75% of the temporary incapacity rate.

For example, a retail employee who injures their wrist may be reassigned to a lower-paying role with fewer physical demands. Temporary Partial Incapacity Benefits help bridge the income gap until the worker can fully resume their prior duties. These benefits provide critical support during transitional periods, helping injured employees maintain financial security while adjusting to their limitations.

Permanent and Total Incapacity Benefits

Permanent and Total Incapacity Benefits offer long-term financial support when an injury leaves you permanently unable to work. These benefits provide two-thirds of your average weekly wage and include annual cost-of-living adjustments (COLA) to account for inflation.

Consider a factory worker who suffers from a catastrophic injury, such as losing the ability to walk due to a workplace accident. Permanent and Total Incapacity Benefits ensure ongoing financial support as long as the disability persists. These benefits are crucial for workers and their families as they adapt to life-altering circumstances.

Medical Benefits

Massachusetts workers’ compensation also covers all necessary and reasonable medical expenses related to your injury or illness. This includes doctor visits, hospital stays, surgeries, physical therapy, and prescription medications. You can even receive reimbursement for travel costs to medical appointments.

Initially, your employer may require you to see a provider within their preferred network for the first visit. After that, you have the right to choose your own healthcare provider. Reporting your injury to your employer and insurance company immediately ensures that your medical expenses are covered without interruption.

Permanent Loss of Function and Disfigurement Benefits

Workplace accidents sometimes result in permanent impairments, such as the loss of a limb, hearing, or vision. Massachusetts law provides additional compensation for these types of injuries. Scarring or disfigurement on visible areas like the face, neck, or hands may also qualify for compensation.

For example, a restaurant worker who suffers burns to their hands while cooking might receive additional benefits for the permanent scars left by the accident. These benefits aim to address permanent injuries’ physical and psychological effects. Consulting with an attorney ensures that you receive fair compensation for the full extent of your injuries.

Survivors’ and Dependents’ Benefits

In tragic cases where a work-related injury or illness leads to death, Massachusetts workers’ compensation provides financial support to the deceased worker’s surviving family members. These benefits include weekly payments to a surviving spouse and eligible dependents, such as children under 18, full-time students, or those with disabilities preventing them from working.

For instance, the family of a transportation worker who dies in a vehicle accident while on the job may rely on these benefits to cover household expenses and maintain financial stability. Survivors’ and Dependents’ Benefits ensure families have the resources needed to rebuild their lives after losing a loved one.

Why You Need an Attorney for Workers’ Compensation Claims

Massachusetts workers’ compensation claims can present challenges, particularly when disputes arise regarding the extent of your injury or the benefits you qualify to receive. Having an attorney by your side ensures that you understand your rights and have someone to advocate for you during the claims process.

Employers or their insurance companies may question the validity of your injury, delay payments, or understate the benefits owed. An attorney helps gather critical evidence, prepares the necessary paperwork, and represents your interests in hearings or appeals. Legal guidance ensures that your claim is managed efficiently and you secure the benefits you deserve.

Attorneys can also assist in negotiating settlements tailored to your circumstances, ensuring you receive adequate financial support for medical treatment and wage losses.

Get Started on Pursuing the Benefits You Deserve

If you were recently injured in an on-the-job accident, the experienced Boston workers’ compensation attorneys at Altman & Altman, LLP, are here to help you understand your rights and obtain the benefits you deserve. At Altman & Altman, our dedicated Boston workplace lawyers have decades of combined experience securing maximum benefits on behalf of injured Massachusetts workers. Call us today at 800.481.6199 or contact us through our secure online form to schedule your free consultation. Let us help you secure the compensation you deserve.

The Facts of the Case

The case involved a workplace injury sustained by a truck driver employed by a company providing yard management services. The worker was injured while operating in a loading area controlled by a third-party business. The injury occurred during an attempt to secure a trailer, which became unstable and caused the accident. The worker sought compensation for injuries, leading to a legal battle addressing the interplay of employer protections under workers’ compensation laws and potential third-party liability.

Key details emerged during the proceedings, including the role of safety protocols and communication between the employer and the third party. Questions arose about whether the third party’s negligence contributed to unsafe working conditions and whether the employer’s workers’ compensation obligations shielded them from additional liability. This complex fact pattern offered the court an opportunity to address significant legal principles governing workplace injuries.

Workers’ Compensation and Third-Party Claims: What You Need to Know

Massachusetts law provides workers with access to workers’ compensation benefits when they are injured on the job. These benefits are designed to cover essential needs, such as medical expenses, lost wages, and, in some cases, vocational rehabilitation. However, the trade-off is that employees generally cannot sue their employer for additional damages related to workplace injuries. This system creates a predictable safety net but limits an injured worker’s legal recourse against their employer.

That said, injured workers are not without options. When a third party—someone other than the employer—contributes to the accident or injury, the worker may have grounds to file a separate personal injury claim against that third party. For instance, if a worker is injured by defective equipment manufactured by a third-party company, they may be able to recover damages from the equipment’s manufacturer in addition to receiving workers’ compensation benefits.

The facts of this case illustrate how critical it is to identify all potentially responsible parties when pursuing compensation. While workers’ compensation laws offer essential protection, additional claims against third parties can sometimes yield further compensation for damages like pain and suffering, which are not covered under workers’ compensation.

The Court Findings

In its analysis, the Massachusetts court examined whether the employer’s actions or omissions affected their liability in the case at hand. The court also explored the extent to which a third party’s negligence played a role in the injuries sustained by the worker. This nuanced examination of liability highlights a key consideration for workers seeking compensation: while workers’ compensation laws generally limit employer liability, pursuing claims against third parties can provide injured employees with access to additional forms of compensation.

The court’s findings reinforce the importance of carefully evaluating all potential claims following a workplace accident. For injured employees, understanding how liability is determined can make a significant difference in recovering the full compensation they deserve.

Lessons for Injured Workers in Massachusetts

This case serves as a reminder that workers’ compensation benefits are only one piece of the puzzle. If your injury involves a third party—such as another company, contractor, or product manufacturer—you may be entitled to file a separate lawsuit. However, pursuing a third-party claim while navigating the workers’ compensation system can be legally complex and requires a clear understanding of Massachusetts law.

In addition, the court’s decision emphasizes the importance of acting quickly after a workplace injury. Whether filing for workers’ compensation benefits or initiating a third-party claim, there are strict deadlines that must be met. Missing these deadlines could prevent you from recovering compensation altogether. An experienced workers’ compensation attorney can help ensure that all claims are filed properly and on time.

Contact Altman & Altman, LLP Today

If you’ve been injured on the job, you deserve a trusted advocate who will fight for your rights. The attorneys at Altman & Altman, LLP, have extensive experience handling workers’ compensation claims and third-party personal injury lawsuits in Massachusetts. We are here to guide you through the process and help you pursue the compensation you deserve. Call us today at 800.481.6199 or reach out through our secure online contact form to schedule your free consultation.

Considering that the Massachusetts Department of Industrial Accidents reported over 20,000 workers’ compensation claims in 2021 alone, it would be wise for MA workers to familiarize themselves with how workers’ comp operates in the state. It’s worth noting that lack of evidence, late filing, and noncompliance with medical advice are among the most common reasons for claim denials.

Understanding Workers’ Compensation

Suffering a work-related injury can be a distressing experience, especially when it leads to lost wages and financial instability. If you’ve been injured on the job, understanding your legal rights and how to navigate the options available to you is essential. Furthermore, you may be entitled to additional compensation if employer negligence played a role in your injury.

Workers’ Compensation Benefits in Massachusetts

Consider a construction site where workers are required to wear protective gear such as hard hats and harnesses. The employer’s responsibility extends beyond merely providing this equipment; they must enforce its use and regularly inspect it for defects. Similarly, in an office setting, employers must ensure ergonomic workstations to prevent repetitive strain injuries. Read on for more information about employer responsibilities and how Altman & Altman, LLP can help if you’ve been injured at work.

National Employer Responsibilities

According to the Massachusetts Department of Public Health (DPH) and the Occupational Safety and Health Administration (OSHA), the first known work-related asthma death in the cannabis industry occurred in Massachusetts last year.

In January 2022, a 27-year-old woman died from an asthma attack while working as a production technician in a MA cannabis cultivation and processing facility. She had been working for the facility for seven months and had spent three of those months processing and handling cannabis flower buds. Although this tragedy is the only reported asthma-related death in the cannabis industry to date, several cases of non-fatal respiratory disease among MA cannabis workers have also been reported.

Coverage is Almost Universal

Workers’ compensation is a system designed to provide compensation for employees who suffer work-related injuries or illnesses. The beauty of this program is that it covers almost all workers in the state, whether you’re employed full-time, part-time, or seasonally. Even employees in small businesses and nonprofits are typically entitled to workers’ compensation benefits.

Falls are an even bigger danger in certain jobs. According to the U.S. Bureau of Labor Statistics, slips, trips, and falls are the leading cause of death in the construction industry, accounting for over a third (38%) of all fatalities from 2015 to 2019. In a typical year, around 300-400 construction workers fall to their deaths.

Frequently Cited OSHA Violations

Logging Workers

With a staggering fatal injury rate of 82 per 100,000, logging workers have the most dangerous job in America. Loggers tend to work on isolated sites with variable weather conditions, where they face falling debris and contact with heavy machinery. In fact, loggers died at a rate almost 23 times greater than the average across all professions in 2021 (3.6 out of 100,000).

Any safety violations encountered during an OSHA visit can result in a citation, which typically comes with a fine. In January of 2023, OSHA increased its maximum civil penalty from $14,502 to $15,625 per violation. For repeated or willful violations, the maximum fine increased from $145,027 to $156,259 per violation.

Employers With the Most Costly OSHA Violations in Q2