Employees hurt at work, who qualify, are entitled to payments from their employer’s workers compensation insurance carrier know as disability benefits. There are three types of disability benefits in Massachusetts.
Temporary Total Disability Benefits (Section 34 benefits). These benefits are payable to employees whose work injury leaves them unable to work for six or more days. The payments will be 60% of the employee’s gross average weekly wage. The injured employee can receive these benefits for up to 3 years (or 156 weeks).
- Temporary Partial Disability Benefits (Section 35 benefits). If the employee’s injury still allows them to work, but they are losing part of their pay because of their work-related injury, then the employee may qualify for partial disability payments. The partial disability benefits are calculated as 60% of the difference between your average weekly wage as of the date of your injury and the amount of money you are able to earn after your work injury. The maximum payments, however, for partial disability is no more than 75% of your total disability benefits discussed above in No. 1. Partial disability benefits are available for up to 5 years (or 260 weeks)(or 4 years if you were paid all 3 years of your total disability benefits).
- Permanent and Total Disability Benefits (Section 34A). These payments are for employees who are totally and permanently unable to work because of their injury. The employee must be unable to perform any kind of work at all. The payments are two-thirds (or 66.67%) of the employee’s average weekly wage and are payable to the injured worker for as long as he/she remains disabled. Employees, who are deemed permanently and totally disabled, are also entitled to cost-of-living adjustments (COLA).