time of your injury. The SAWW is set annually by the Massachusetts Division of Unemployment Assistance.
Partial incapacity benefits
If you have an earning capacity, but have not been cleared by your doctor to return to full duty, you may qualify for partial benefits for a maximum of 260 weeks. For certain types of severe incapacity, you may receive benefits for up to 520 weeks.
Partial incapacity payments equal 60 percent of the difference between your average weekly wage prior to your injury and the weekly wages you are now capable of earning. The maximum compensation under this section of the law is limited to 75 percent of what your weekly total temporary benefits would be. For example, if you would receive $440 a week as a total temporary benefit, the most you could receive if you collected partial benefits would be $330 a week.
Permanent and total incapacity benefits
If you are totally and permanently unable to do any kind of work as a result of a work-related injury or illness you may be entitled to permanent benefits. You can receive these benefits for as long as you are unable to work. You do not have to exhaust your temporary benefits before applying for permanent benefits.
You will get two-thirds of your average weekly wage (or a minimum of 20 percent of the SAWW) based on the 52 weeks prior to your injury, up to a maximum of the SAWW.
Permanent loss of function, disfigurement and scarring benefits
If your injury results in a permanent loss of certain specific bodily functions, or in scarring, you can receive a one-time payment under Section 36 of the workers' compensation law. This benefit is paid in addition to other payments -- medical bills, lost wages, etc. You receive this additional compensation for scars only if they are on your face, neck, or hands. Persons injured prior to December 24, 1991, have slightly different benefits. Contact our Public Information Office if you have any questions about benefits under Section 36. For specific compensation calculations, after the insurance company has made you an offer, call our Conciliation Unit to talk to a Conciliator - 617-727-4900, ext. 369.
Other WC benefits
Reasonable burial expenses up to $4000 will be paid in cases where the injury results in death. Surviving spouses can receive weekly benefits equal to two-thirds of the deceased worker's average weekly wage, up to a maximum of the SAWW. They can receive these benefits for as long as they remain dependent and do not remarry. Surviving spouses become eligible for yearly cost of living increases two years after the date of injury. If the spouse remarries, $60 a week is paid to each eligible child. The total weekly amount paid to dependent children cannot exceed the amount the spouse had been receiving.
When your benefits may be stopped or reduced
Your benefits might be stopped or reduced for several reasons. Some of the more common reasons, when liability has been established, are: