When trying to calculate your potential benefits when
injured, you need to know your weekly gross income. After you figure that out,
there are different calculations based on your level of injury and disability.
The types of workers compensation Massachusetts calculations are below, but
it’s important to know that there is a statutory minimum of $251.29/week and
maximum of $1256.47/week, depending
on the type of benefit to which you’re entitled.
Temporary total incapacity: Multiply your average weekly wage by 60%. For example, if your average
weekly wage is $895, you will receive $537 in weekly compensation. In this
case, the maximum and minimum rates do not apply to you since your weekly benefits
fall within the window of $251.29 and $1,256,47. If, however, your average
weekly wage is only $200, your weekly compensation will match this and be $200
(you do not have to perform the 60% calculation on weekly wages lower than the
minimum State’s Average Weekly Wage).
Partial incapacity benefits: This weekly benefit depends on the amount of your temporary total
incapacity. The maximum compensation you can receive is 75% of your potential
temporary total incapacity benefits. For example, if we used the example above
and you made $895/week and your temp total
incapacity benefit was $537/week, then your temp partial incapacity could only be as high as 75% of $537, or $402.75.
Permanent and total incapacity: Multiply your average weekly wage by 2/3.
For example, if your average weekly wage is $895, you will receive $596.67 in
weekly compensation. If your average weekly wage were, say, $230, you would
actually receive $251.29 in weekly benefits, since this is the minimum SAWW.
Likewise, your weekly benefits are capped at $1,256,47.
Scarring or disfigurement lump sum settlements: Scarring on the face, neck, or hands, or
permanent disfigurement, which occurs as a result of a work injury can be
compensated with a lump-sum settlement not exceeding $15,000.
Survivors’ and dependents’ benefits: Surviving spouses are eligible to receive
2/3 of the deceased worker’s average weekly wage. Again, the minimum and
maximum weekly rates apply here.
Workers Compensation Massachusetts Help
This area of law can be complex and overwhelming. The
lawyers at Powers & Caccavale have been handling workers compensation Massachusetts cases for over 30 years and pride themselves on
their hard work and results. Please consider contacting them for a free
evaluation to see if they could help you through this process of getting the
benefits you deserve.

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