How Much Money Can I Receive For A Workers Compensation Injury?
Massachusetts workers compensation law is found at M.G.L. c. 152. Therein lies the entire statutory framework of laws that govern employers, employees, and insurance companies when a work injury occurs. When a worker is injured on the job, workers compensation rights are triggered.
Some of these rights pertain to payment of medical bills, payment of wages, and other benefits. Many injured employees understandably want to know how much they can receive for their injury. Here are some factors that govern how much a given case is worth.
Average Weekly Wage
This is important because it is this that determines the amount you will receive each week in weekly workers compensation checks. In order to arrive at average weekly wage (AWW), the total of the employees gross earnings for the 52 weeks preceding the accident is divided by 52. If you are temporarily totally disabled from working (TTD), you will receive 60% of your AAW. This is referred to as your ‘comp rate.’
Or, if you are temporarily partially disabled from working (TPD), you will receive 75% of the your TTD rate. The higher your rate of pay at the time of the accident, the higher your comp rate would be. Keep in mind there are maximum and minimum comp rates set by law.
Severity of Injury
Besides AWW, the other factor that comes into play is the seriousness of your injury. For claims involving mild back or neck strains/sprains, it likely will mean the injured worker will not be receiving workers compensation checks for very long.
That is different from a case involving a serious, debilitating injury that will keep the injured employee out of work for many months and possibly even years. In that case, the claim will be much more valuable than a case involving a less serious injury.
Scarring and Loss of Function
In addition to the above, the injured worker may have sustained scarring, or loss of use of a body part. In that case, additional compensation can be obtained for such injuries. Keep in mind that there is a cap on the amount of money that can be obtained for these injury types.
Boston Workers Compensation Lawyer
No matter what type of work injury you may have sustained, it is important to have a Boston workers compensation lawyer on your side. That way you know you will be able to obtain the maximum amount of compensation for your work injury case. Since you only get one bite at the apple, it is important to make sure you are legally protected following an industrial accident.
Call the Law Office of Christopher Earley today for your free, no-obligation consultation and tell us about your case.