The workers' compensation system was established with the primary purpose of providing weekly disability checks and prompt payment of medical bills for injured employees. If you are totally disabled, your weekly check should equal 60% of your average pre-tax paycheck. The law requires the insurance company to average your last 52 weeks of earnings to properly calculate your compensation rate. However, there are a number of exceptions to this rule which can work to the advantage of employees. If you have lost more than two weeks of work during the preceding 52 weeks, some weeks may be subtracted from the calculation of your compensation rate in order to increase the average earnings calculations and therefore increase your weekly benefit checks.

In addition, many individuals are injured at a job before they have worked a full year. There are special rules that apply to such individuals in order to insure proper compensation. A personal review of your situation is often helpful to make certain that you are receiving the highest weekly check allowed by law.

 There are other important reasons for checking the average wage and weekly rates calculated by the insurance company. If you are only partially disabled, you are still entitled to weekly checks payable at 60% of the difference between your average pre-injury earnings and your post-injury earning capacity. It stands to reason that your weekly benefit will be higher if the pre-injury average utilized by the insurance company to calculate your compensation rate is as high as it should be averaging your gross weekly earnings over the fifty-two weeks immediately preceding your work injury.

Many factors other than your average weekly wage influence the amount of your weekly benefit check. If you are receiving unemployment compensation, the Massachusetts law states that you are disqualified from receiving total disability (although not necessarily partial disability) checks for the same weeks. Applying for or receiving unemployment compensation may have other consequences that can have an adverse impact on your compensation case. It is typically advisable to consult with your attorney before applying for or receiving unemployment benefits.

       If you are eventually determined to be permanently and totally disabled, your weekly check will be payable at two-thirds of the amount of your pre-injury average earnings. In addition, your weekly rate should be subject to yearly cost of living adjustments. With the exception of permanent and total disability benefits, which can be paid for the lifetime of the injured worker, other categories of weekly benefits can only be collected for limited periods of time. It is advisable that you sit with your attorney and plan the handling of your case well in advance of benefits being terminated.

Back to Site Map Page

Go to Home Page