What is the maximum amount I can receive in Massachusetts workers’ compensation benefits?

Workers' Compensation Claim FormMoney is tight. You can’t work because of your workplace injuries, and you are wondering how you are going to make ends meet.

Workers’ compensation may be an option for you, but you may be wondering how much money you will receive. We can’t give you a specific dollar amount by answering an FAQ, but we can explain the maximum amount you can receive, the minimum amount you may receive, and how your particular benefits should be calculated. We can also encourage you to call us for a free consultation about your specific benefits.

Minimum and Maximum Amounts of Workers’ Compensation

Your specific workers’ comp benefits will depend on your injury and the income you made before you got hurt. We will discuss how workers’ comp is calculated below. However, first, we want to review the maximum and minimum amounts of workers’ compensation in Massachusetts.

In Massachusetts:

  • The minimum amount of workers’ compensation an injured worker may receive is 20 percent of the average weekly wage in Massachusetts.
  • The maximum amount of workers’ compensation an injured worker may receive is 100 percent of the average weekly wage in Massachusetts.

The specific dollar amounts change on October 1 of every year and are determined by the deputy director of the division of employment and training. For example, in 2019, the maximum rate was $1,431.66, and the minimum rate was $286.33. Therefore, everyone who is eligible for Massachusetts workers’ compensation benefits between October 1, 2019, and September 30, 2020, received no less than $286.33 per week and no more than $1,431.66 per week.

How Your Workers’ Comp Benefits Will Be Determined

Your workers’ compensation benefits are subject to the maximum and minimum amounts described above, but there is a wide range between the maximum and minimum amounts. The specific amount of workers’ compensation that you collect will depend on your wages in the year before your work injury. In other words, you will earn a percentage of your wages that may not be less than the minimum amount of workers’ comp set by law and not more than the maximum amount of workers’ comp set by law.

The percentage of workers’ compensation that you can receive depends on how badly you are hurt. Specifically, you may recover:

  • 60% of your average weekly wages for the 52 weeks leading up to your injury if you suffer a temporary total incapacity. You may receive temporary total incapacity benefits for up to 156 weeks.
  • 75% of the amount that you could recover if you had a temporary total incapacity. You may receive temporary partial incapacity benefits for up to 260 weeks.
  • 66% of your average weekly wages if you are totally and permanently incapacitated by your work injury. These benefits may continue for as long as you are disabled.

Additionally, important workers’ compensation benefits such as medical care, vocational rehabilitation, and scarring or loss of function benefits may be available to you and are not subject to the minimum or maximum amounts of workers’ compensation allowed by Massachusetts law.

Make Sure You Get the Workers’ Compensation You Deserve

There are so many factors that go into determining an injured worker’s workers’ comp benefits. You want to get the most you can get up to the maximum amount allowed by law, and we want to help you do that. However, your employer’s workers’ compensation insurer does not want you to get the maximum allowed by law. Instead, the insurance company wants you to accept as little as possible in weekly benefits so that it keeps as much money as possible for itself.

Our experienced Massachusetts workers’ compensation lawyers know how to negotiate with insurance companies, and we will fight to get you the fair benefits that you deserve, up to the maximum allowed by law.

Please contact us today to schedule your free, no-obligation consultation with our workers’ comp lawyers. We will review your claim, advise you of your rights, help you make the right decisions for your financial future, and fight to get you the benefits that you’ve earned. Call us, start a live chat with us, or fill out our online contact form to learn more.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer