An employee who received a personal injury arising out of and in the course of his employment is entitled to workers' compensation.
An insurer must furnish to an injured employee adequate and reasonable health care services and medicines if needed. (M.G.L.c. 152, s. 30)
No compensation will be paid to an injured employee for any injury which does not incapacitate the employee from earning full wages for a period of five or more calendar days. If the incapacity extends for twenty-one days or more, compensation will be paid from the date of onset of the incapacity. (M.G.L.c. 152, s. 29)
An injured employee who has as a result a total temporary incapacity is paid 60% of his average weekly wage on a non-taxable basis for a period not to exceed 156 weeks. (M.G.L.c. 152, s. 34)
An injured employee who has as a result a partial temporary incapacity is paid 60% of the difference between his average weekly wage before the injury and his average weekly wage after the injury on a non-taxable basis for a period not to exceed 260 weeks, which can still be extended under certain circumstances. (M.G.L.c. 152, s. 35)
An injured employee who has as a result a permanent total incapacity is paid 2/3rds of his average weekly wage on a non-taxable basis following his receipt of temporary incapacity benefits. (M.G.L.c. 152, s. 34A)
In addition, an injured employee can be compensated for specific injuries, including injury to one's eye, arm, hand, leg, or foot or loss of hearing or bodily function or sense, as long as the employee has not died from any cause within 30 days of the injury. (M.G.L.c. 152, s. 36)
The amount of compensation payable to an injured employee is doubled when the injury results from serious and wrongful misconduct of the employer. The employer is ultimately responsible for payment of the additional compensation even if insured. (M.G.L.c. 152, s. 28)
If death results from the injury the insurer must pay certain specified dependents of the employee dependent upon his earnings for support certain amounts. (M.G.L.c. 152, s. 31)
Employees who have received workers' compensation benefits are entitled to preference in reemployment over new applicants. (M.G.L.c. 152, s. 75A)
An employer cannot discriminate against an employee for exercising his rights under the Workers' Compensation Act or who has testified or in any manner cooperated with an inquiry or proceeding under the Act. Actions for any such violation may be filed with the Superior Court for the county in which the alleged violation occurred. An employer that has violated this section is liable to pay to the employee lost wages, shall grant the employee a suitable job and shall reimburse the employee for reasonable attorney's fees. In the event that any right set forth in this statute is inconsistent with an applicable collective bargaining agreement, the collective bargaining agreement prevails. (M.G.L.c. 152, s. 75B)
An employee who enters into a lump sum agreement thereby creates a presumption that the employee is physically incapable of returning to work with the employer. This presumption continues for a period of one month for each $1,500 amount included in the settlement for future weekly benefits. No re-employment rights inure to the employee during this period of presumption of incapacity. (M.G.L.c. 152, s. 48(4))
When an insured employer contracts with an uninsured independent contractor who is performing part of the employer's business or trade, the insurer of the employer must pay compensation if an employee of the uninsured independent contractor is injured. (M.G.L.c. 152, s. 18)
A claim for compensation must be filed within four years from the date the employee became aware of the causal relationship between his disability and his employment. (M.G.L.c. 152, s. 41)
No general release of claims can include worker's compensation claims unless reviewed and approved by a conciliator or an administrative law judge. (M.G.L.c. 152, s. 48)
Municipal police officers and fire fighters have a unique statute applicable to them. Under M.G.L.c. 41, s. 111F, municipal police officers and fire fighters who are incapacited because of an injury sustained in the performance of their duties not due to their own fault are entitled to leave without loss of pay for the period of the incapacity. The leave must end if the employee has been retired or pensioned or if a physician designated by the appointing authority determines that the incapacity no longer exists. Also benefits will end if a police officer or fire fighter volunarily resigns (Jones v. Wayland , 374 Mass. 249, 260 (1978)), or is terminated for illegal conduct (Hennessey v. Bridgewater, 388 Mass. 219, 225 (1983)). All amounts payable under this statute must be paid in the same times and manners as the employee's regular compensation.
Where the injury was caused under circumstances that create a legal liability in some third person, either the injured employee or the municipality may sue to enforce that liability in court. The sum recovered is for the benefit of the municipality unless the sum is greater than the compensation paid to the injured employee, in which case the excess is to be paid to the injured employee.