Workers’ Compensation Benefits

Kantrovitz & Associates is a well-established firm of Massachusetts workers’ compensation lawyers. We practice in this area because we are dedicated to our clients and their right to secure compensation for harm they have suffered in the workplace. We have helped win substantial awards for injured workers in Massachusetts, Rhode Island, and New Hampshire. Within the state, we proudly serve a number of communities including Boston, Middlesex, Suffolk, Essex, Plymouth, and Merrimack River.

Workers’ Compensation System

Massachusetts follows a “no fault” system that requires the employer’s insurance company to pay benefits to workers injured on the job. The injured worker receives payment regardless of fault and regardless of the insurance company’s determination of liability. Benefits are available for all kinds of job-related injuries or disabling conditions, including:

• Partial disability
  • For reduced earning capacity due to injury or illness
  • 5 year maximum duration (260 weeks) but extendable
  • Combined and total disability benefits not to exceed 7 years
• Health care services
  • Covers prescription medication, mileage, and parking
  • Employer may have a preferred provider for the initial visit only
  • Award is determined by the insurer, a rate-setting, and utilization review board
• Temporary total disability
  • Applies when worker is unable to work and no replacement job is possible
  • Workers are eligible for 60 percent of their average weekly wage for up to 3 years
• Permanent loss of function
  • Worker receives one-time payment based on percentage of the loss of function
  • Coverage includes partial or total loss of vision, hearing, or amputation
  • Includes percentage of lost function in spine, equilibrium, lung, or kidney
  • Also lost language comprehension, sexual function, senses, spleen, bowel, teeth
• Permanent and total disability
  • If totally disabled from performing any and all employment
  • Worker awarded two-thirds of maximum state average weekly wage
  • Benefits continue for duration of disability plus yearly cost of living increase
• Permanent scarring or disfigurement
  • Since 1991, limited to scars on face, neck, hands (scar-based injury only)
  • Physician’s report must document measurement and discoloration of scar
  • Non-scar based disfigurement accompanied by limp or prosthetic is compensable

Injured workers are entitled to a lump-sum settlement or monthly benefits reflecting a portion their maximum state average weekly wage. Benefits may continue until the disability or injury heals, permitting a return to work. If the disability is permanent, benefits may continue indefinitely.

Job-Related Death and Vocation Rehabilitation

If a worker dies as a result of a job-related accident, the spouse and minor children (under 18) will receive two-thirds of the weekly wage until the spouse can become self-supporting or remarries. To obtain training to return to work with the same or a different employer, the worker must apply no later than 2 years after a settlement award for vocation rehabilitation. Returning to work may require job reassignment or a modification of duties. Benefits include services to secure another job using the worker’s past experience and work skills, and in some cases, up to 104 weeks of paid retraining.

Experienced Representation Counts

The insurer will be represented by counsel before a conciliator or judge on your claim, so having an experienced attorney advocating for your rights is in your best interest. Serving injured workers for over 20 years, the Massachusetts workers’ compensation attorneys at Kantrovitz & Associates can effectively present your case to insurers, attorneys, and judges. Let us help you seek the benefits or settlement you deserve. Call 800-367-0871 for a no-cost consultation or contact us online.