Hi, I'm attorney Mike Cardaropoli with Pellegrini, Seeley, Ryan, and Blakesley. One of the most frequently asked questions we have from our workers compensation clients is how long can they collect benefits.
There are two primary benefit systems under the Massachusetts Workers Compensation Law. There is Temporary Total Disability benefits and also Partial Disability Benefits. Temporary Total Disability Benefits pay sixty percent (60%) of your average wages you are earning before the injury. Those benefits under the law can last up to three (3) years. There's also Partial Disability Benefits which has a different calculation but is less than Temporary Total. Those benefits can last for up to five (5) years; but, you should know that the combination of the two benefits cannot be paid out for more than seven (7) years.
A common trick that insurance companies will use is to send a letter to people who are receiving weekly benefits asking them to sign a particular piece of paper or a form to extend their benefits or to alter their benefits. Before signing forms of this type from insurance companies, or any forms for that matter, it's best to consult an attorney. They can have serious implications on the benefits they are receiving.
One further benefit under the Workers Compensation System for people who have serious and permanent injuries is Permanent and Total Disability Benefits. Those benefits are actually paid out for the remainder of the injured workers life and they pay two thirds (2/3) or 66.6% of your pre-disability wages. If you have any questions about these or any other topics, please feel free to give us a call. We will be happy to discuss them with you.