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Frequently Asked Questions by Injured Workers (Part 3)

11. I work both a full-time and part-time job and was injured at my full-time job. I am able to continue working at my part-time job, how does this affect my benefits?

You would need to report your earnings from your part-time job to the insurer, and the insurer would pay you partial (§ 35) benefits, which would compensate you for a percentage of your lost wages. This compensation would more than likely be less than what you would receive under § 34, temporary total benefits. For the income from your part-time job to be factored into your average weekly wage, you would have to be covered under workers’ compensation for that job too.

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12. I have returned to work, but am still undergoing treatment for my injury and must take time off from work to go to my therapy sessions. Do I get paid for the time that I am out?

Your employer is not required to pay you for the time that you take off to go for medical visits; however, if these visits cannot be scheduled outside your normal work hours then the employer is required to let you have the time off from work. The insurer is required to reimburse you for reasonable travel expenses, but you are only compensated for lost work time if you are going to a medical evaluation that the insurer requested.

13. I have a scar, deformity, or permanent loss of function due to my work-related injury. Do I get any extra compensation for this?

Yes, MGL c. 152 § 36 entitles you to a one-time payment for certain scars on the hand, neck or face, and for permanent loss of function. An agreement is usually reached between nine months to a year after your injury, so that there is time to determine the severity of the scar or loss of function.

14. If I hire an attorney to represent me, who pays him/her?

Usually, you do not have to pay an attorney up front to handle your case. You should discuss fees with any attorney you hire. The law requires an insurer to pay attorney’s fees if you win your case. If you lose the attorney can only charge you for a few specific expenses. Typically, attorneys will take a contingent fee, which is a specific percentage of any amount that you are awarded.

15. Does collecting Social Security affect my workers’ compensation benefits?

No, workers’ compensation benefits are not affected by collecting Social Security benefits.

Pulgini & Norton, LLP attorneys have handled workers’ compensation claims for over 25 years in and around Boston and its surrounding areas. If you or a family member has been injured at work and would like to seek legal assistance, please contact us at (781) 843-2200 or (888) 344-2046 or email us.

Cited Sources:

Injured Workers’ Frequently Asked Questions, mass.gov

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