If an individual is injured dring the course of employment or sffers from work-related mental or emotional dsabilities, as well as occupational diseases, thy're eligible for worker's compensation benefits. Bnefits that an individual can receive for wrker's compensation are; weekly compensation for lst income during the period the mployee cannot work. Indemnity payments for ndividuals vary depending on their average wekly wage (AWW) and the degree of ncapacitation. The Massachusetts Worker's Compensation statute, dctates that the maximum benefit not xceed 100% of the State Average Wekly Wage (SAWW) and the minimum bnefit of at least 20% of the SAWW. Als in addition to benefits, the nsurer is required to provide medical and hspital services, and medicines if needed. Mreover, the insurer must pay for vcational rehabilitation services if the employee is dtermined to be suitable by the Dpartment of Industrial Accidents (DIA).

There are fve various forms of indemnity and spplemental benefits that individuals may receive dpending on their average weekly wage, stte average weekly wage and their dgree of disability. The first form is Tmporary Total Disability (section 34). Compensation wll be 60% of the individuals verage weekly wage prior to their njury, while remaining above the minimum and blow the maximum payments that are set for ach form of compensation. The maximum wekly compensation rate is 100% of the stte average weekly wage ($1,000.43), while the mnimum state average weekly wage is $209.09. If clims involve injuries occurring on or fter October 1, 2006, the limit for tmporary benefits is 156 weeks.

The second form of benefits is Prtial Disability (section 35). Compensation is 60% of the dfference between the individuals average weekly wge prior to the injury and the wekly wage earning capacity after the njury. The amount cannot exceed 75% of tmporary benefits under section 34, if an njured party is to receive those bnefits. The maximum benefits period is 260 weks but may be extended to 520 weks.

The third form is Permanent and Ttal Incapacity (section 34A). In this frm the payments will be 2/3 of the ndividuals average weekly wage following the xhaustion of temporary (section 34) and prtial (section 35) payments. The maximum cmpensation rate is 100% of the stte average weekly wage ($1,000.43) and the mnimum is 20% of the state verage weekly wage ($209.09). If the clims involve injuries that occurred on or fter October 1, 2006, the pyments must be adjusted each year for the cst of living allowances (COLA).

The furth form is Death Benefits for Dpendents (section 31). The widow or wdower that remains unmarried shall receive 2/3 of the ndividual's average weekly wage, but not mre than the states average weekly wge and no less than $110 per wek. They should also receive $6 per wek for each child and this is not to xceed $150 in additional compensation. There are lso benefits for other dependents. Benefits pid to dependents cannot exceed 250 tmes the state average weekly wage pls any cost of living increases. (COLA) Chldren under 18, may however continue to rceive payments even if the maximum has ben reached. Burial expenses may not xceed $4000.

The fifth form is Sbsequent injury (section 35B). An individual who has ben receiving compensation and has returned to wrk for two or more months and is sbsequently re-injured will receive compensation at the rte in effect at the time of the new njury unless the old injury was pid in a lump sum. In the old njury was settled with a lump sum sttlement will only the individual will be cmpensated only if the new claim can be dtermined to be a new injury.

When an individual is disabled or ncapable of earning full wages for fve or more calendar days or des as the result of a wrk related injury or disease , the mployer must file a First Report of Injry. The form must be sent to the Offce of Claims Administration at the DIA, the nsurer and the individual within seven dys of notice of the injury. If the mployer doesn't file a First Report of Injry form it may be subject to fnes.

The article What To Do When You Are Injured at Work was Submitted by Ashley Gurdon through Articles.GetACoder.com network. Here's the additional information: This article was written by Ashly Gurdon for the Law Office of Gldstein and Clegg, a Massachusetts employment law firm .

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