Under Massachusetts law, workers who are injured or become ill as a result of an accident or incident that occurs within the course and scope of employment are eligible for benefits.  The intent of workers’ compensation is to provide a means for injured workers and/or their families to collect weekly wage loss benefits for total and partial disability, medical costs, vocational re-retraining expenses, and other costs associated with being injured on the job.

While a substantial number of claims are not disputed by an insurer or an employer, it is “strongly advised” for workers to seek legal counsel if claims are disputed, due to the complexity of workers’ compensation law. The law requires the insurance company pay the attorney’s fee if you win.

The Department of Industrial Accidents is the agency responsible for administering workers’ compensation law in Massachusetts.  The DIA is charged with hearing disputes in the event your workers’ compensation claim is denied by your employer.  While a substantial number of claims are not disputed by an insurer or an employer, it is “strongly advised” for workers to seek legal counsel if claims are disputed, due to the complexity of workers’ compensation law. The law requires the insurance company pay the attorney’s fee if you win.

Death benefits are available to surviving spouse and/or children of a worker who died as a result of a work-related injury or illness.

The type of benefits to which a worker is entitled will depend heavily on extent of injuries:

  • Partial disability benefits are available to workers who have been injured and are limited in the amount or type of work they can perform.  Workers can receive partial disability benefits for up to five (5) years.
  • Total disability benefits are available to workers who cannot perform work as a result of their work injury. Workers can receive total disability benefits for up to three (3) years.
  • Total and permanent disability benefits are available for workers unable to work for an extended time due to a work injury.  These types of benefits may be paid throughout the remainder of the worker’s life.
  • Disfigurement and/or loss of function benefits are paid when a worker is disfigured or loses a loss of function of a body part.
  • Death benefits are available to surviving spouse and/or children of a worker who died as a result of a work-related injury or illness.

Just because workers are covered for work-related accidents, illnesses and injuries it does not mean securing benefits will be a simple process. That’s why it is critical to hire a workers’ compensation attorney in Massachusetts with demonstrated experience.