Yes, workers’ compensation insurance applies to part-time and temporary workers in Massachusetts who are hurt on the job. With very few exceptions, all Massachusetts employers must have workers’ compensation insurance to cover their employees, regardless of their employment status.
If your employer has unfairly denied you benefits as a part-time or temporary worker, the Massachusetts workers’ compensation lawyers with Rob Levine Law are ready to help you get the financial support you deserve. Contact us online or call (800) 742-3920 today for a free consultation.
Will Part-Time or Temp Workers Receive the Same Benefits as Full-Time Workers?
Part-time and temporary workers are eligible for the same workers’ compensation benefits that full-time employees receive in Massachusetts. However, since the compensation is based on your average weekly wage, the value is typically lower.
Like full-time employees, part-time and temporary workers can receive the following benefits from workers’ compensation in Massachusetts:
- Medical benefits: Workers’ compensation will cover “adequate and reasonable” medical expenses, as well as travel and prescription costs.
- Wage replacement: You can receive payments to cover lost income if you are temporarily unable to work, or a portion of that benefit if you can still work in a reduced capacity.
- Permanent disability benefits: You can receive two-thirds of your average weekly wage in perpetuity if you are permanently unable to work because of your injuries. You may also get additional compensation for scarring or loss of function in certain body parts.
- Vocational rehabilitation: If you qualify, workers’ compensation may pay for services to help you find new work if you can’t return to your job because of your injuries.
- Survivor benefits: If you die from work-related injuries, your dependents can receive weekly payments and up to $4,000 to cover burial costs.
How Are Part-Time or Temp Workers’ Compensation Benefits Calculated?
Under the Massachusetts workers’ compensation system, temporary disability benefits are based on your average weekly wage, calculated by dividing your total overall earnings by the number of weeks you’ve held your job. You can receive up to 60% of your average weekly wage for as long as 156 weeks. However, the benefits are capped at the State’s Average Weekly Wage, or SAWW, which the Massachusetts Division of Unemployment sets annually.
If you can return to work in a reduced capacity, you can receive up to 75% of your temporary disability benefits for as long as 260 weeks.
Permanent disability benefits are calculated as 66% of your average weekly wage, based on the 52 most recent weeks of work, rather than your entire employment history, with annual cost-of-living adjustments. Permanent disability is still capped at the SAWW, but you also cannot receive less than 20% of the SAWW.
How Do You File a Workers’ Compensation Claim as a Part-Time or Temp Worker in Massachusetts?
After getting hurt on the job, you should follow these steps to start the workers’ compensation claim process:
- Report the injury to your employer: It’s important to notify the company as soon as possible after a workplace accident.
- Get immediate medical attention: Getting treated immediately after your injury can help lessen the impacts of the accident and generate important records to back up your claim.
- Make a claim with your employer’s workers’ compensation insurer: An experienced attorney can help ensure all your forms are filled out correctly.
- File a claim with the Department of Industrial Affairs, or DIA: If the insurance company delays or denies your claim, you can file directly with the DIA to begin the appeals process.
Can I Be Fired for Filing a Workers’ Compensation Claim as a Part-Time or Temp Worker?
No, your employer cannot legally fire you for filing a workers’ compensation claim, even if you’re a part-time or temporary worker. Terminating an employee for filing a claim qualifies as illegal retaliation.
However, Massachusetts is an at-will employment state, which means an employer may still terminate an employee at any time for almost any lawful reason unrelated to the workers’ compensation claim. A skilled Massachusetts workers’ compensation attorney can protect your legal rights and ensure you receive the benefits you’re entitled to under the law.
Call Rob Levine Law Today
The workers’ compensation process can be stressful and frustrating, but you don’t need to go through it alone. Rob Levine Law has been helping injury victims like you for more than 25 years, securing over $2 billion in compensation and benefits for more than 50,000 clients.
Our trusted legal team is available 24/7 to take your call and answer your questions. If your employer is wrongfully denying you workers’ compensation benefits as a part-time or temporary employee in Massachusetts, contact us online or call (800) 742-3920 today for a free consultation. With our Fee Free Guarantee®, you won’t owe us anything unless you win your case.
