Lost Wages

Kantrovitz & Associates have an established reputation for excellence as Massachusetts workers’ compensation lawyers. Based in Boston, our office is proud to serve the counties of Essex, Middlesex, Norfolk, Suffolk, and Plymouth. With over 20 years of experience and a solid track record of success, we remain devoted to recovering compensation for injured workers across Massachusetts, as well as in New Hampshire and Rhode Island.

Workers’ Compensation for Boston Workers

Massachusetts law offers a variety of benefits for victims of job-related injury, disability, or death. Workers’ compensation ensures that employees are paid for lost wages caused by the injury. The “no fault” policy also protects employers, who provide compensation through the system, rather than a personal injury lawsuit in court. Workers fighting to push through their injuries should be aware of all the benefits provided by the statute, including lost wages.

Types of Benefits and Eligibility

To make a worker eligible for benefits, a work injury must prevent the worker from earning full wages for five or more days. In addition to compensation for medical treatment, workers are also entitled to benefits for lost earning capacity. The duration of payment is measured in weeks and depends on the degree or extent of disability. Benefits are awarded for different injuries, including:

  • Temporary total disability
    • Incapable of working due to condition
    • Eligible for payment up to 156 weeks
  • Partial disability
    • Injury causes reduced earning capacity
    • New job would have fewer hours, lower wage
    • Benefits up to 260 weeks, can be extended to 520 weeks
  • Permanent and total incapacity
    • Permanently unable to perform any type of work
    • Benefits continue as long as worker disabled
    • Adjustments for increased cost of living
  • Permanent disfigurement or loss of function
    • Includes partial or total loss of vision or hearing and amputation
    • Depends on affected body part and extent of disfigurement or loss
  • Vocational rehabilitation services
    • Permanently disabled worker unable to perform essential job functions
    • Retraining or education needed for new work and job placement services

If the disability will prevent work for 12 months or more, the worker may be entitled to social security disability benefits in addition to workers’ compensation.

Calculation of Lost Wage Benefits

Workers’ compensation provides cash payments calculated according to the worker’s gross average weekly wage earned prior to the injury. The payments are calculated according to the gross average weekly wage and also include overtime, bonuses, and lost wages from other employers. Benefits are generally calculated as follows:

  • Partial disability
    • Unable to earn same wage as before accident occurred
    • 60% of difference between pre and post-accident wage
    • Benefits apply even if required to find new job due to disability
  • Temporary total disability
    • 60% of wage earned prior to injury for 156-week period
  • Permanent and total incapacity
    • 66.67% (2/3) of average weekly wage
    • Based on wage 52 weeks before injury
    • Add annual cost-of-living increases
  • Permanent disfigurement or loss of function
    • One-time payment upon final medical diagnosis
    • Specific amount depends on injury severity
  • Surviving spouse, dependent benefits
    • Funeral expenses up to $4,000
    • Surviving spouse entitled to 250 weeks of benefits
    • Spouse may extend benefits if not remarried
Massachusetts Lawyers Who Can Recover Benefits for You

If you have suffered a work injury, you may be entitled to compensation for lost wages. The experienced Massachusetts workers’ compensation lawyers at Kantrovitz & Associates can help you recover the benefits you deserve. Rather than guessing why your claim was denied, let us cut through the red tape and clear your way to relief. For over 20 years, we have successfully handled all types of disability claims, helping injured workers and families recover the benefits they need. Count on Kantrovitz & Associates to aggressively pursue your claim and strive to achieve the maximum award for your case. Call (800) 367-0871 for a free consultation or contact us online .