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The
Commonwealth of Massachusetts employs 68,010 state
government employees. There are an additional 95,340
public service employees hired by city and local
governments throughout Massachusetts. The majority of MA
state employees are Social Workers working for the
Courts, Police, Correctional Institutions, Fire
Departments and other Public Order and Safety
departments. 55% of Massachusetts' Local and County
employees are public administrators, police officers and
fire fighters.
Within these various state and local government
departments workers are exposed to a multitude of
workplace hazards including:
- Back and Neck
injuries / sprains
- Carpal Tunnel
Syndrome (CTS)
- Vehicle
Accidents
- Repetitive
Stress Disorders (RSD)
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- Slips &
Falls
- Cuts,
Lacerations, Fractures
- Overexertion
- Musculoskeletal
Disorders (MSDs)
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If you are a state or local
government employee who has been injured during the
course of performing your job, you are entitled to
receive workers’ compensation benefits. Whether you
suffer from physical, emotional, mental disabilities or
occupational-related disease, your employer-provided
insurance should provide financial support during your
convalescence. Workers’ Compensation benefits may
include lost wages, medical expenses, and vocational
rehabilitation costs. The amount that you receive
depends on factors such as your average weekly wage and
your degree of incapacitation.
The Workers’ Compensation system was designed to
ensure that employers, including state and local
governments, provide insurance to financially assist
employees who become injured or disabled on the job.
Employers who fail to insure are liable for both
criminal and civil offenses.
“No fault” insurance provides a portion of a
worker’s pay based on their weekly wages and state
averages. Dependants of employees killed in work-related
accidents are also eligible for benefits. In exchange
for employer-provided Workers’ Compensation
“protection”, you sacrifice your right to file suit
against co-workers and employers for negligence.
However, you can file a civil suit against a third party
if your injury is the fault of someone other than
yourself, a coworker or your immediate employer. You may
be able to recoup not only medical expenses and wages,
you may also receive civil damages that include pain and
suffering, past/present/future lost income, medical
bills and other damages.
Employee supplemental benefits are determined by several
factors including your average weekly wage, state
average weekly wage, and your degree of disability. The
following are general guidelines under which you are
eligible to receive Workers’ Compensation:
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Temporary
total disability – 60% of average weekly wage
(AWW) prior to injury for up to 156 weeks.
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Partial
disability – 60% of the difference between the
AWW prior to injury and the weekly wage earning
capacity after injury. Maximum benefit period is 260
weeks, but may be extended to 520 weeks.
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Permanent
and total incapacity – payments equal 2/3 of
AWW after temporary and partial payments have been
exhausted.
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Death
benefits for dependents – widows or widowers
who remain unmarried shall receive 2/3 of the
worker’s AWW, but not more than the state’s AWW.
Six dollars per week will be provided for each child
under 18. Burial expenses are also available.
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Subsequent
injury – a previously injured employee who has
received compensation and has returned to work for
two months or more and is subsequently reinjured is
eligible to receive compensation.
Unfortunately,
it is not always easy to obtain benefits. There are
several circumstances where it is particularly important
that you contact an attorney for assistance.
-
An employer
has denied that you were injured while on the job; -
You have
been refused medical treatment; -
You have
received a Notice of Denial from the insurance
company; -
Compensation was promised but has not materialized; -
You are
without income; -
An employer
or insurance company has requested your deposition; -
Your
employer does not carry compensation insurance; -
A third
party has caused your accident.
Only
experienced counsel can advise you of the appropriate
course of action to increase the probability of winning
your claim. Your attorney can also provide information
on the ways that claims can be settled including
arbitration, mediation, and collective bargaining.
All employees have legal rights to compensation for
work related injuries. A competent attorney will develop
a strategy to ensure the best results in your claim.
It is important to remember that if you retain an
attorney because you have been denied benefits or face a
change in benefits, that law states that the majority of
attorneys’ fees will be paid by the Workers’
Compensation Insurer.
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