Recovering Lost Wages After an Accident in Massachusetts

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

If you cannot work due to injuries from an accident in Massachusetts, you may recover lost earnings through several avenues. Your options depend on where and how the accident occurred:

1. Auto Insurance Personal Injury Protection (PIP)

Under Massachusetts law, all drivers must carry Personal Injury Protection (PIP), which covers up to 75% of your lost wages (capped at $8,000) regardless of fault. PIP applies to medical expenses, rehabilitation, and wage loss. You must file a PIP claim with your insurer promptly after the accident. See M.G.L. c.90, §34M: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M.

2. Third-Party Personal Injury Claim

If someone else’s negligence caused your accident, you can file a personal injury lawsuit for special damages, including lost wages. Massachusetts law allows you to recover past and future lost earnings. You must bring suit within three years of the injury (M.G.L. c.260, §2). Link: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter260/Section2.

3. Workers’ Compensation

If your injuries occurred on the job or during work duties, you may qualify for workers’ compensation benefits. Massachusetts workers’ comp provides two-thirds of your average weekly wage, tax-free, while you recover. Benefits begin after you miss five consecutive work days, and you can receive up to 156 weeks for temporary total disability. See M.G.L. c.152, §34: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section34.

4. Disability Insurance

If you have private short-term or long-term disability coverage, you can file a claim for wage replacement. Policies vary, so review your plan’s terms, elimination period, and benefit percentage.

5. Social Security Disability Insurance (SSDI)

If your injuries lead to long-term or permanent disability, you can apply for SSDI through the federal Social Security Administration. Approval can take several months and requires medical proof of your inability to work.

Helpful Hints

• File PIP claims immediately after an auto accident to avoid delays.
• Gather pay stubs, tax returns, and employer statements to document lost wages.
• Seek medical treatment promptly to establish injury records.
• Note all time off work and reductions in hours for future-damage calculations.
• Track statute of limitations: personal injury suits generally must be filed within three years of the accident date.
• Consult an attorney early to navigate multiple benefit sources and maximize recovery.