How to Recover Lost Wages After Accident-Related Injuries in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your case.
Detailed Answer
When an accident leaves you unable to work, Massachusetts law offers several paths to recover lost wages. Your best option depends on the accident’s context—whether it occurred at work, in a vehicle crash, or due to another party’s negligence.
1. Workers’ Compensation Benefits
If your injury happened on the job, file a claim under the Massachusetts workers’ compensation system. Under M.G.L. c. 152, §36, you may receive two-thirds of your average weekly wage, subject to statutory minimums and maximums. Claims must be submitted to the Department of Industrial Accidents (DIA) within 30 days. Benefits generally begin after a three-day waiting period and continue until you reach maximum medical improvement.
2. Personal Injury Lawsuits
If another person’s negligence caused your injury—such as a slip-and-fall, medical malpractice, or defective product—you can sue for damages. Lost wages are recoverable if you prove negligence, causation, and actual wage loss. The statute of limitations in Massachusetts for personal injury claims is three years from the accident date under M.G.L. c. 260, §2A. To substantiate your claim, gather pay stubs, employer letters, and medical records showing your inability to work.
3. No-Fault Auto Insurance (PIP Benefits)
Massachusetts requires Personal Injury Protection (PIP) coverage in every auto policy. PIP pays 75% of your lost wages up to $300 per week, regardless of who caused the crash. Submit your PIP claim to your insurer within one year of the accident. Include medical bills and wage statements to support your request.
Statute: M.G.L. c. 90, §34M
4. Disability Insurance and Federal Programs
If you have short- or long-term disability insurance—through your employer or a private policy—you can claim wage replacement benefits. For long-term disabilities, you may also qualify for federal Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) through the Social Security Administration.
Helpful Hints
- Notify your employer and insurance carrier immediately after the accident.
- Keep detailed records: medical treatment notes, pay stubs, and correspondence.
- Obtain copies of accident reports and witness statements.
- File workers’ compensation claims via the DIA online portal to meet deadlines.
- Review your auto policy’s PIP provisions and submit claims promptly.
- Consult an attorney before accepting any settlement to ensure full recovery.