Loss of Function of Body Parts

Massachusetts Workers’ Compensation Law

The Massachusetts workers’ compensation lawyers at Kantrovitz & Associates have over 20 years of experience recovering compensation for workers injured on the job. We focus on fighting for employees, especially those who have lost the use of a limb in a work-related accident. Let our legal team help you win the award you deserve.

Lost Function of Body Parts

In Massachusetts, the Department of Industrial Accidents awards workers’ compensation benefits to workers who sustain permanent injury or lose the use of a body part in a job-related accident, regardless of fault. Workers may also receive an additional payment or “schedule loss of function award” if the injured body part:

• Does not fully recover
• Is “less able” to perform
• Functions at a lower level
• Results in permanent disability
• Shows partial or temporary disability
• Loses any ability compared to before the injury
• Even if the worker never misses or returns to work

Workers’ compensation schedules determine how much the worker will be paid depending on the body part lost and the severity of the injury. Schedule loss of function awards are available for a wide variety of body parts, including:

• Hand, fingers
• Leg, foot, toes
• Arm, wrist, leg
• Eye, lost vision
• Ear, hearing loss
• Face, neck, scalp
• Shoulder or elbow
• Hip, knee, or ankle

When an employee loses function of a body part or never recovers the same level of function, they are entitled to payment from employers and their insurers. Massachusetts law requires these parties to provide one time cash awards according to the given schedule. The formula calculates damages ranging from 100 percent lost use to lesser fractions for impaired function.

Schedule for Lost Use or Function

Massachusetts law sets forth the maximum compensation allowed for loss of use. Permanent work-related injuries contributing to total or partial loss of use may involve:

• Fractures
• Dislocation
• Amputation
• Severe burns
• Nerve damage
• Ligament tears
• Crushing injury

After a doctor determines that the permanent injury has reached the maximum level of improvement, the award is divided by the fraction (25%, 50%, or more) of the function lost.

A medical opinion is required to determine whether workers are entitled to additional payment for loss of use. Workers may receive regular checks until the full award is paid or request that the Massachusetts Department of Industrial Accidents award a lump-sum payment.

Recovering for Loss of Function

The Massachusetts workers’ compensation attorneys at Kantrovitz & Associates will fight to secure full payment of benefits on your loss of function claim. We have successfully recovered compensation for workers in Boston, Essex, Middlesex, Norfolk, Suffolk, Plymouth and Merrimack River. For representation in any area of Massachusetts, Rhode Island, or New Hampshire, call 800-367-0871 for a free consultation or contact us online.