there are four benefits that you may receive as a result of a workers
compensation claim. First, an often most significantly, is weekly monetary
compensation that is based on your inability to work.
Second, the Act provides some benefits for your dependents. It should also be noted that the Act provides for benefits to be paid to your surviving spouse and/or dependents if you die as a result of an injury sustained during employment.
Third, if you suffer the loss of a body part, a bodily function, or bodily disfigurement as a result of your injury, you are entitled to a monetary sum for your injury, in addition to weekly wage-based compensation. This sum is calculated by way of a formula set by the Commonwealth.
Fourth, reasonable health care services and expenses will also usually be covered. In general, you can choose a provider and the insurer must provide care for as long as necessary.
How much weekly monetary compensation will I receive?
Under the Act, you are entered to 60% of your average weekly wage before the injury occurred. There is some variation, depending on your position in the labor market and how you are compensated. For instance if part of your compensation is room and board, that may be considered when calculating average weekly wage, or if you are expected to make more with more experience, that too may be considered.
However, there is also a maximum and a minimum amount of compensation. An employee cannot be paid more than the average weekly wage in the Commonwealth or less than 20% of the average weekly wage. These numbers are calculated annually by Massachusetts.
* This is the seventh of an eight part series on the Massachusetts Workers Compensation Act. Read part 6 here.
Photo credit: US Navy on Wikimedia under Creative Commons license