The economic problems of the late 1980s prompted many states to stop the practice of paying workers compensation at a 100% rate. Massachusetts followed suit, but actually reduced compensation benefits deeper than many states. The Massachusetts workers compensation payment rate was reduced to 60% of the worker’s rate of pay and the legislature capped the length of time for benefits at three years. Most states opted for the time frame of seven years, which is consistent with traditional statutes of limitation. Individuals working in Massachusetts should understand that benefits are not on a par with some other states, but there some better benefits in other areas, such as small business requirements for providing insurance for their workers.
Every business in Massachusetts is required to maintain workers compensation insurance on all employees. This includes businesses with a single employee. It is important to understand that Massachusetts workers compensation insurance is the primary indicator of the responsible employer. Sometimes this can be a simple determination, but not always. Construction workers are a prime example because of the number of different employers that may be involved with a project. Injuries can occur on job sites that are the result of negligence from a third party. These workplace injury situations can be complicated and it is always necessary to retain experienced and effective counsel when dealing with multiple-party claims.
The new workers compensation insurance structure stipulates that an employee can only file a compensatory claim against an employer in a common injury case. Any punitive damage awards must be pursued in a traditional court as a negligence claim and duty of care breach. Workers compensation insurance does not cover punitive damages. In addition, public agency employers are allowed to opt out of the workers compensation plan and operate self-insured. Proven solvent businesses can also do this, but they are usually major corporations. Call one of our agents for additional information today.
