The Massachusetts Workers’ Compensation system ensures Massachusetts employees who sustain an injury at work or suffer from an occupational disease get the medical benefits and lost wage benefits they need.

Worker’s compensation or workman’s compensation eliminates the need for the injured employee to file a personal injury claim and endure an expensive and protracted legal battle for compensation. Instead, the employer, without assuming negligence, provides immediate compensation to the employee and the employee accepts a limited monetary benefit.

Massachusetts workers compensation provides benefits for almost all work injuries which occur within the “normal” course of business. Work injuries not covered by worker comp insurance can include:

• Work injuries caused by rough housing.
• Work injuries caused by intentional employee actions meant to injure themselves or other employees.
• Work injuries caused by alcohol or drug intoxication.
• Work injuries occurring while travelling to or from work.
• Work injuries occurring while engaged in voluntary, recreational activities at work.

Massachusetts workers compensation law provides worker compensation for a variety of work injuries and occupational diseases including:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Massachusetts Workers Compensation Benefits

• Medical Benefits – All necessary and reasonable medical benefits are provided for Massachusetts workers who are injured at work. Benefits can include: hospital stays, surgeries, physical therapy, doctor’s visits and medication. The Massachusetts Department of Labor maintains a list of approved doctors for the employee to select from, but the first doctor’s visit must be approved by the employer.
• Temporary Total Disability – Temporary total disability is given to Massachusetts workers who sustain an injury at work and can not return to their job. The first five days are not compensated unless the worker misses 21 calendar days. Temporary total disability is 60% of the worker’s average weekly wage. Massachusetts workers compensation law outlines a maximum amount allowed. Temporary total disability benefits are paid up to 156 days beginning on the 6^th day of incapacitation.
• Permanent Partial Disability – Massachusetts workers who have reached their maximum medical improvement but have residual injuries or loss of body function can receive permanent partial disability benefits. The amount paid and duration of payment can depend on the severity of the disability.
• Permanent Total Disability – Massachusetts workers who sustain an injury at work and have exhausted their temporary total disability benefits can apply for permanent total disability benefits. Work injury benefits for employees who have sustained a work injury which is so severe that they are unable to return to work are 2/3 of their average weekly wage (subject to a maximum). Benefits can be paid until the worker reaches 65 years of age.
• Vocational Rehabilitation – Massachusetts workers who have sustain an injury and can not return to their job can receive vocational rehabilitation training which can help them find new employment. Vocational training can include:  job counseling, testing, retraining and job placement.
• Death Benefits – Surviving beneficiaries of a Massachusetts worker who dies from a work injury or occupational illness can receive funeral expenses up to $3,000 and death benefits which are 2/3 of the deceased workers average weekly wage. The spouse can be paid until they are remarried.

Do I Need a Massachusetts Worker’s Compensation Attorney?

Worker’s compensation lawyers can help Massachusetts employees who sustain an injury at work file their work compensation claim. Worker’s compensation laws can be complicated and it may be a good idea to have a work injury lawyer helping the employee fight for the compensation they are due.

Qualifying for Workers’ Compensation

If you live in Chicago, Illinois, and you have suffered an injury at work, you may be entitled to workers’ compensation benefits. Workers compensation is only granted if a work injury occurs at the work site and the worker was not at fault (not intoxicated, reckless or engaged in intentional behavior which caused the injury).

Work injuries which occur at the work site but not while an employee is performing their work duties may also be eligible for worker’s compensation. Work injury compensation does not cover work injuries while the employee is travelling to and from work but may cover injuries of an employee who is offsite if they are performing a job duty. Deaths or injuries at work caused by substance abuse are not covered. Some state laws specifically cover work injuries suffered from the violent actions of other workers, while other state laws are less clear.

Common injuries at work which are covered by worker’s comp may include work injuries from exposure to toxic chemicals, equipment malfunctions, injuries from heavy labor or work place harassment. Pre-existing conditions which have been exacerbated from work duties may also be covered by workers compensation.

Worker’s Compensation Benefits

Work injury compensation is administered by the State Department of Labor. Work compensation claims are part of strict liability law which means the injured worker does not have to prove the work injury was a result of the employer’s negligence.

Work compensation injury laws were created to limit the ability of the worker to file a tort lawsuit against their employer. Compensation for Chicago workers who file worker comp claims is established by Illinois workers compensation law and includes:

• Paid medical expenses required for care and treatment of the work injury: surgical, dental, hospital visits, medication, and medical supplies.
• Disability payments which provide compensation for up to 2/3 of the injured worker’s wage for the days they are unable to work.
• Permanent disability payments which could be up to 2/3 of the worker’s wage at the time of the accident if the worker is scarred, disfigured or disabled and unable to return to work.
• Death compensation benefits for dependents of the deceased worker if the injury was fatal.

Chicago workers compensation does not generally cover pain and suffering, loss of affection, sexual relations or emotional distress.

Do I Need a Chicago Worker’s Compensation Attorney?

If you have suffered an injury at work, filed your work compensation claim and the employer has paid the workers compensation benefits, there may be little that a Chicago Work Injury Lawyer can do for you. But if you need advice or have not filed your claim, it is important to remember that your employer and their insurance company have representation and you may want an Illinois attorney working for you.

If your worker’s compensation claim has been rejected, the work injury was caused by malfunctioning third party equipment or your work compensation claim has led to discrimination (demotion, reduction in pay, harassment or firing) against you, a Chicago Workman’s Comp Attorney should be contacted immediately.