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Massachusetts Workers’ Compensation Benefits and It’s Interaction with the Massachusetts Paid Family and Medical Leave Act (PFMLA)

The Commonwealth of Massachusetts offers various programs and protections for employees who face workplace injuries, medical challenges, or caregiving responsibilities. Two primary programs providing such benefits are the Massachusetts Workers’ Compensation Act and the Massachusetts Paid Family and Medical Leave Act (PFMLA). While both programs aim to support employees during times of need, they operate under distinct frameworks with unique eligibility criteria, benefits, and purposes.

Overview of Massachusetts Workers’ Compensation

Purpose and Coverage

Workers’ compensation in Massachusetts provides financial and medical benefits to employees who suffer work-related injuries or illnesses. The program ensures that injured workers receive necessary medical care and partial wage replacement while they recover. It is a no-fault system, meaning that the injury can be the fault of either the employee, employer, or a third party. So long as the employee is injured in the course of their employment, they are eligible for coverage under this system.

Key Benefits

Medical Benefits: Covers necessary and reasonable medical treatment related to the injury or illness.

Temporary Total Incapacity Benefits: Replaces 60% of the employee’s average weekly wage if they are unable to work for more than five days.

Temporary Partial Incapacity Benefits: Provides compensation for employees who can return to work with reduced earning capacity.

Permanent and Total Incapacity Benefits: Available for employees unable to return to any form of work due to their injury.

Survivor Benefits: Paid to dependents of employees who die from work-related injuries or illnesses.

Eligibility Criteria

To qualify, employees must:

Be injured or fall ill due to work-related activities.

Notify their employer promptly.

File a claim with the Department of Industrial Accidents (DIA) if disputes arise.

Overview of the Massachusetts Paid Family and Medical Leave Act (PFMLA)

Purpose and Coverage

The PFMLA allows employees to take paid leave for family or medical reasons unrelated to workplace injuries. Funded through payroll contributions, the program offers wage replacement and job protection during qualifying absences.

Key Benefits

Medical Leave: Up to 20 weeks for an employee’s serious health condition.

Family Leave: Up to 12 weeks to bond with a new child, care for a family member with a serious health condition, or address needs related to a family member’s military service.

Combined Leave: A maximum of 26 weeks in a benefit year for any combination of family and medical leave reasons.

Eligibility Criteria

To qualify, employees must:

Earn sufficient wages and contribute to the PFMLA fund.

Provide notice to their employer at least 30 days in advance, when possible.

Interaction Between Workers’ Compensation and PFMLA

Differences in Scope

Workers’ compensation and the PFMLA serve different purposes. Workers’ compensation addresses work-related injuries, while PFMLA covers broader medical and family needs. Employees cannot receive benefits from both programs for the same condition simultaneously.

Coordination of Benefits

Concurrent Eligibility: An employee recovering from a work-related injury may be eligible for PFMLA if they need leave to care for a family member or bond with a new child.

Prohibition of Double Dipping: Employees cannot receive wage replacement from both programs simultaneously for the same period and condition.

Job Protection: PFMLA guarantees job protection, while workers’ compensation does not explicitly provide this assurance.

Things to Consider

Following a workplace injury, many employers are reluctant to steer their employees towards the workers comp system. Though the law requires prompt notice to be filed by both the employer and employee, often times, this doesn’t take place. Often times, it is a struggle to get employers to do what they are supposed to do.

Furthermore, often times the Employer will attempt to steer the employee towards PFMLA even though the injury took place at work. This is likely because the benefits are much more limited, and it doesn’t cost the Employer, given that PFMLA is funded through payroll contributions, at least in part paid for by the Employee. What makes matters worse, is that if the injury prevents the Employee from working beyond what is provided for under PFMLA, the Employee may then try to file a claim under the Workers Comp Act. At this point, it is much more difficult.

Workplace injuries need to be dealt with immediately. Workers Comp is there for this purpose. If an Employer is being uncooperative, it is important to seek an experienced workers compensation attorney as soon as possible. This will help ensure that your rights are protected.

At Troupe Law Office, we’ve been representing injured workers and their families for close to 50 years. We are experienced workers comp attorneys located on the North Shore of Boston in Peabody. We serve all of Massachusetts and represent clients in all branches of the DIA, including: Boston, Lawrence, Fall River, Worcester, and Springfield.

Call us for a free consultation of your case.

Client Reviews

Adam and Bill helped me achieve wonderful results of my workers compensation and my accidental disability retirement cases. This was a very complex matter which they handled superbly. Highly recommended attorneys for any workers comp or disability related case.

Mike C.

My overall experience with him was excellent. His overall communication was impeccable especially his ability to explain the law to someone not familiar with legal issues. He always had/made time to pick up the phone. No question was ever too small or insignificant.

Lenny

In 1992 I was severely injured in a work related accident. It was apparent that my recovery would take years and I needed someone on my side to deal with the insurance company. Attorney Troupe made sure that the Insurance company lived up to their obligations and allowed me to focus on my recovery...

Bill

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