Lost Wages

Workers’ Compensation in Boston

Injured workers in Massachusetts may be entitled to workers’ compensation benefits that include lost wages. Boston workers’ compensation lawyer Michael O. Smith offers you the effective legal representation you need to claim your lost wages and other workers’ compensation benefits. Mr. Smith has helped workers who have suffered a work-related injury file for and obtain the benefits they deserve. His experience as a former claims adjuster and defense attorney is invaluable in protecting your rights against insurers who may try to deny your workers’ compensation claim. With his extensive advocacy experience, Mr. Smith can effectively negotiate a workers’ compensation settlement and represent you at hearings before the Massachusetts Department of Industrial Accidents. Call our office today to see how we can help you.

Workers’ Compensation Benefits in Massachusetts

If you were injured at work or suffered an illness due to your workplace conditions, Massachusetts law allows you to seek workers’ compensation benefits. Employers in the state must obtain insurance coverage for workers who are injured on the job. The insurance coverage provides a range of benefits to an injured employee, including coverage for lost wages. The percentage of your wage you may recover depends on the extent of your injury.

Other benefits that an injured worker may be entitled to include coverage for medical expenses, dependant benefits for a spouse or minor children, and retraining in some cases.

Categories of Disability and Lost Wage Compensation

The amount of lost wage compensation an injured worker may recover depends on the degree of the disability resulting from their injury or illness. There are three categories of disability and each provides a different amount of compensation for lost wages.

  • A permanently and totally disabled worker may receive up to two-thirds of what their average weekly wage was prior to their injury.
  • A person with a temporary total disability can receive up to 60 percent of his or her weekly wage for a maximum of three years.
  • A partially disabled worker may receive up to 60 percent of the difference between what his or her weekly wage was prior to the injury or illness and the amount the amount he or she is able to earn after the injury for a maximum of five years.

Massachusetts also sets a minimum and maximum workers’ compensation rate each year. The minimum rate is 20 percent of the average weekly wage and the maximum is 100 percent of the average weekly wage in the state. These limits vary and take effect on October 1st of each year.

Regardless of the degree of your injury, you may only receive benefits if you miss more than five days of work as a result of the injury or illness. These are calendar days, not business, and they do not need to be consecutive.

Recovering for Your Lost Wages

Boston workers’ compensation attorney Michael O. Smith can help you seek the benefits you deserve if you were hurt at work. Mr. Smith has over 15 years of experience representing injured victims. He can aggressively pursue your claim if it has been denied or if the extent of your injury is contested. Mr. Smith has represented clients throughout the dispute process for denials of their claims, including at hearings before the DIA. He serves clients throughout the Boston area. For a free initial consultation, call our office today at 617-263-0060 or contact us online.