In Massachusetts when a worker is injured on the job he or she is eligible for Worker’s Compensation benefits. Now, some very important benefits available to injured workers are the weekly disability benefits. These benefits are designed to replace a portion of the wages a worker is not able to earn because of the accident and injury they suffered on the job. In Massachusetts under our Workers’ Compensation Act, there are three types of disability benefits available to an injured worker.

First, there are temporary total disability benefits. These benefits are available to an injured worker who is totally disabled from performing any work for a temporary period of time. In Massachusetts temporary total disability benefits are calculated as 60% of the injured worker’s average weekly wage.

There’s also temporary partial disability benefits. Partial disability benefits are weekly disability checks available to the injured workers whose work-related injuries don’t necessarily prevent them from working completely, but don’t allow the injured worker to earn the full wages that he or she was able to prior to the work accident. For instance, these benefits are typically available to workers who are working light duty or with restrictions. In Massachusetts the maximum amount of temporary partial disability benefits and injured worker can receive is no more than 75% of their total disability rate. Another way of calculating partial disability benefits is to take the workers average weekly wage and subtract the wages that the injured worker is able to earn after they work accident. The partial disability benefits would be 60% of the difference.

And lastly there are benefits for permanent and total disability. These weekly benefits are available to injured workers who are seriously injured on the job leaving them permanently and totally disabled. The rate for permanent and total disability benefits are calculated as 2/3 of the injured worker’s average weekly wage. Permanent and total disability benefits are available to an injured worker for life or as long as they remain permanently and totally disabled.

Charles S. Pappas
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Massachusetts injury lawyer & workers' compensation attorney serving accident victims in Webster & Framingham.