Workers' Compensation in Massachusetts

Workers' Compensation

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Massachusetts

Workers’ Compensation Lawyer in Framingham, Massachusetts

Getting injured on the job can turn your world upside down in an instant. One moment you’re doing your regular work, and the next, you’re dealing with pain, medical bills, lost wages, and uncertainty about your future. If you’ve been hurt at work in Framingham or anywhere in Massachusetts, you need to understand your rights under the state’s workers’ compensation system.

At Foglia & Associates, we’ve spent over 25 years helping injured workers navigate the complex Massachusetts workers’ compensation system. We know that dealing with insurance companies, medical providers, and the Department of Industrial Accidents can feel overwhelming, especially when you’re trying to recover from your injuries. That’s why we’re here to guide you through every step of the process and fight for the full benefits you deserve.

According to the U.S. Bureau of Labor Statistics, Massachusetts employers reported 55,400 nonfatal workplace injuries and illnesses in 2023, with 33,700 cases severe enough to require days away from work, job transfer, or restriction. If you’re one of these injured workers, you don’t have to face this challenge alone.

How Much Money Can I Get From a Workers’ Compensation Claim in Framingham?

When you’re injured and can’t work, one of your biggest concerns is probably how you’ll pay your bills and support your family. Understanding what benefits you’re entitled to can help ease some of that anxiety.

Medical Benefits cover all reasonable and necessary medical treatment related to your work injury:

  • Emergency room visits and hospital stays
  • Doctor appointments and specialist consultations
  • Surgeries and surgical procedures
  • Physical therapy and rehabilitation
  • Prescription medications
  • Medical equipment like crutches, braces, or wheelchairs
  • Mileage reimbursement for travel to medical appointments

The good news is that there’s no cap on medical benefits, you can receive treatment for as long as it’s medically necessary for your work-related injury. However, the insurance company does have the right to deny treatment if they believe it’s no longer needed, which is why having an attorney is so important.
Temporary Total Disability Benefits (Section 34) apply when you’re completely unable to work due to your injury. You’ll receive 60% of your average weekly wage before the injury, up to a maximum of $1,796.72 per week (as of October 1, 2023). These benefits can continue for up to 156 weeks (three years).

Temporary Partial Disability Benefits apply when you can return to work but in a limited capacity or at lower pay than before your injury. You can receive these benefits for up to 260 weeks (five years), but the combined total of temporary total and partial benefits cannot exceed seven years. For example, if you received three years of total disability benefits, you can receive an additional four years of partial disability benefits.

Permanent and Total Disability Benefits are available if your injury permanently prevents you from working in any capacity. These benefits have no time limit and continue as long as you remain permanently and totally disabled. However, the insurance company can file a complaint to discontinue your benefits at any time if they believe your condition has improved.

Additional Benefits may include:

  • Disfigurement or scarring compensation for visible injuries
  • Loss of function benefits for permanent impairments
  • Vocational rehabilitation services to help you return to suitable employment
  • Death benefits for surviving spouses and dependents (60% of average weekly wage)

In 2023, Massachusetts had a minimum weekly compensation rate of $359.34 and a maximum of $1,796.72 for injuries occurring after October 1, 2023. Your specific benefit amount depends on your average weekly wage before the injury.

It’s important to understand that workers’ compensation does not pay for pain and suffering. However, you may receive additional benefits if physical pain leads to a diagnosed mental health condition, and in rare cases, you might be able to file a third-party lawsuit outside the workers’ comp system if someone other than your employer caused your injuries.

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Lawyers specializing in Workers' Compensation in Massachusetts

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