Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
As you decide whether to file for Massachusetts worker’s comp, you’ll likely wonder, “How much will I get compensated?”
That number will help you understand your options moving forward as you manage your injury. You might wonder if worker’s comp will be enough to support you or if you should try to get back to work while you get benefits.
Massachusetts offers multiple types of worker’s comp benefits depending on your condition. Let’s go over the compensation you’re entitled to.
Massachusetts worker’s compensation offers the following types of benefits:
Most of the benefits listed above consist of weekly payments.
In some cases, your employer’s insurer will ask to make a settlement where they pay you one lump sum.
The money you receive through worker’s comp depends on your condition and its impact on your ability to work. Let’s look at the payment structures for the different types of benefits:
If you have a work-related illness or injury that needs medical care, worker’s compensation can cover those services with no time limit or cost cap. Workers’ comp medical benefits cover:
In Massachusetts, you must go to your employer’s medical clinic for your first appointment if they have one. Otherwise, you can choose the doctor you see for your care.
On top of your medical benefits, worker’s comp will cover part of the wages you would get if you could work. The amount you receive depends on your capacity to work after your injury.
The Department of Industrial Accidents (DIA) calculates these payments based on your average weekly wage before your injury.
To calculate this average weekly wage, find your total pre-tax and pre-benefits earnings, including overtime and bonuses, from the 52 weeks before your injury. Then, divide that number by 52.
This formula works a little differently if you worked for your employer for fewer than 52 weeks before you got injured. Count how many weeks you worked for them before your injury, then divide your total earnings from your employer by that number.
Massachusetts has maximum and minimum weekly compensation limits based on the statewide average weekly wage (SAWW). Going off these guidelines, you can receive a minimum of $335.07 and a maximum of $1,765.34 per week from 2022 to 202.
When you receive worker’s comp, you may qualify for one of three types of incapacity benefits calculated from your average weekly wage:
Additional benefits for situations that require extra compensation include:
Working with a lawyer can significantly increase the amount of money you receive from worker’s comp. In fact, claims with legal representation payout 739% percent more than claims without.
Sometimes, having an attorney can be the difference between getting paid, or not getting paid at all. While the state’s conditions for benefits seem cut-and-dry, your employer’s insurer can debate your eligibility when they evaluate your claim. A lawyer will advocate for your eligibility and help you earn all the benefits you’re entitled to.
The only downside, of course, of hiring a lawyer, is cost. Workers’ comp lawyers only charge after you’ve won a case, and what they charge is capped, and dependent on the extent of their involvement.
Massachusetts determines a set rate for lawyers to charge for handling worker’s comp cases. As of February 2023, lawyers can charge the following amounts for different stages of a case:
These charges add up as you progress through your case. If you win a settlement, your lawyer will receive 20% of your winnings.
If you decide to increase your payout by hiring a lawyer, look for one who specializes in worker’s comp. At Atticus, we connect people considering worker’s compensation with carefully vetted lawyers.
Are services are always free, we’ll only connect you to a lawyer if you need one, and we can give free legal advice on the early stages of your case. Talk to our team today.
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