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I am Eligible for Massachusetts Workers Compensation Benefits?
The law governing Massachusetts workers' compensation is designed to provide benefits to workers who have been injured in their workplaces. Whether the worker is the victim or the cause of the accident, the law applies to all injured workers with few exceptions. When a worker is entitled to these benefits, however, he or she cannot file a claim or lawsuit directly against the employer. If you are not sure whether you are eligible for workers' compensation benefits, it is best to speak to an experienced workers' compensation attorney. Below are different types of Massachusetts workers' compensation benefits to help you determine your eligibility:
1. Compensation benefits for total disability
If a work-related injury has resulted in an inability to perform any type of work, you are eligible for total disability compensation benefits. You are entitled to collect 60 percent of your average weekly income up to the maximum amount allowed by Massachusetts law. You may continue to collect these benefits up to three years (156 weeks).
2. Compensation benefits for partial disability
If the injury incurred at work has resulted in a reduction of your ability to earn your previous average weekly wage, you are eligible for partial disability benefits. If you are still working, but are not able to earn your full wage, you are entitled to 60 percent of the lost income you would have received were it not for the accident.
3. Compensation benefits for total and permanent disability
Massachusetts law allows you to claim compensation benefits for total and permanent disability if a work-related injury has prevented you from doing any work permanently. These benefits allow you to recover 66 and 2/3 percent of your average weekly wage, and they can be received for the rest of your life.
4. Compensation benefits for loss of function and/or disfigurement
You are eligible for compensation if a work-related accident has resulted in the loss of function and/or disfigurement of certain body parts. Examples of body disfigurements are scars on one's face, arms or neck. You are also eligible for benefits if you have lost the function, in whole or in part, of any portion of your body as a result of a work related accident.
5. Death compensation benefits
The surviving children and spouse of a worker who has been killed at work are eligible to receive financial compensation for the loss of their loved one. The deceased's spouse and children are entitled to claim 66 and 2/3 percent of the worker's average weekly pre-tax income. Other benefits such as burial allowance are granted.
Unfortunately, receiving these benefits may not always be easy, as employers and insurance companies try to escape the financial obligations by claiming that the injuries were not work-related or do not disable the employee. If your compensation benefits are being disputed or denied, you can seek the help of qualified lawyers to help establish your case. Kantrovitz and Kantrovitz is one such place to seek help. Please call us for a free consultation.