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Recovering Lost Wages After a Work Injury or Accident in Massachusetts
If you have been injured in an accident, you may find yourself suddenly unable to work and facing tremendous financial stress. Massachusetts Personal Injury Attorney Tracy Paulsen can help you recover your lost wages so you can focus on recovering from your injuries.
Through her Attleboro-based personal injury firm, Rightful Legal, Attorney Tracy Paulsen draws on more than fifteen years of experience to pursue the highest available recovery for injured clients. The firm represents injured people throughout Bristol County, Norfolk County, the greater Boston area, and communities across the Commonwealth. Rightful Legal is built on a commitment to strong advocacy, passion for justice, and personalized customer service.
Lost Wages Lawyer Paulsen has successfully represented people harmed in work accidents, car crashes, construction accidents, and more, helping them seek justice and fair compensation. If you are unable to work because of your injuries, even temporarily, Attorney Tracy Paulsen offers every potential client a free and private consultation to learn about your situation and help you understand your legal options.
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What Can You Do to Recover Lost Wages After An Injury in Massachusetts?
An injury, whether at work, in a car accident, or in another setting, can affect far more than your physical health. When injuries force you to miss work, the loss of income can quickly become overwhelming. Rent or mortgage payments, utility bills, groceries, family responsibilities, and other everyday expenses do not stop simply because you were hurt. You may also be facing mounting medical bills because of your injuries, exactly when you cannot afford them because you cannot work. Fortunately, Massachusetts law provides several avenues for recovering lost wages after a work or personal injury.
Lost wages refer to the income you are unable to earn because an injury prevents you from working. This can include:
- missed hourly wages or salary,
- any overtime pay you would reasonably have earned,
- lost bonuses or commissions,
- sick time or vacation time you were forced to use, and
- reduced income if you must return to work with limitations due to your injuries.
The process for replacing lost income varies based on whether the injury happened at work, in a car accident, or in another setting because of someone else’s negligence. This article explains how lost wages may be recovered in Massachusetts, which can include claims through personal injury protection (PIP) benefits, workers’ compensation, and personal injury law.
Recovering Lost Wages Caused by a Workplace or Work Related Injury
If you were injured while at work or performing your work, workers’ compensation is often the primary source of wage replacement in Massachusetts.
In Massachusetts, workers’ compensation is a no-fault system, overseen by the Department of Industrial Accidents. You do not need to prove that your employer caused your injury in order to receive benefits. However, not all forms of compensation available in personal injury claims are available in workers’ compensation claims. For example, workers’ compensation claims cannot provide damages for pain and suffering.
Fortunately, Massachusetts workers’ compensation claims can provide several types of wage-related benefits, depending on the severity of the injury. These can include
- Temporary Total Incapacity Benefits: A percentage of your total lost wages paid to you when you are completely unable to work because of your injuries.
- Temporary Partial Incapacity Benefits: A lower percentage of your lost wages paid to you when you can work but earn less because you have restrictions due to your injuries.
- Permanent and Total Disability Benefits: The highest tier of compensation, an amount designed to compensate you for your past and future lost wages in cases of severe disability from which you are not expected to recover.
Temporary total incapacity benefits, the most common type of Massachusetts workers’ compensation lost wage replacement, typically pay 60% of your average weekly wage, up to a maximum set by the Commonwealth.
To recover lost wages through a workers’ compensation claim, proper documentation is critical. You should report your injury to your employer right away. Documentation may also include medical records documenting your injury and impairments, employer wage records, and proof of your time missed from work.
In workers’ compensation claims, disputes often arise over whether an injury is work-related or whether you are medically able to return to work. Employers often use workers’ compensation insurance companies whose goal is to minimize the compensation they pay. Workers Compensation Lawyer Tracy Paulsen is prepared to stand up to your employer and their insurer and fight for the wage replacement that is rightfully yours.
Recovering Lost Wages Caused by a Personal Injury Accident
If your injury was caused by someone else’s negligence, such as a car accident, a construction accident, a slip and fall, or a dog bite, you may be able to recover lost wages through a personal injury claim. In some instances, work injuries may qualify for personal injury claims, such as when a third party or a defective product causes your injuries.
Unlike PIP benefits or workers’ compensation claims, personal injury claims are fault-based, meaning you or your attorney must prove that another party caused your injuries.
A personal injury claim may allow you to seek compensation for both past and future lost wages. It can also provide compensation for reduced income while you are recovering and any loss of future earning capacity because of your injuries.
Personal injury defendants, their attorneys, and their insurers frequently try to disprove or downplay lost wage claims. It is critical that you have appropriate documentation, such as pay stubs or tax returns showing decreased pay, proof of time missed from work, doctor’s notes approving your time missed from work due to the injury, medical records connecting your injury to your work restrictions, and often expert opinions regarding future earning losses. At Rightful Legal, we are skilled at investigating, documenting, and proving lost wages through personal injury claims. We also engage the services of reliable expert witnesses when necessary.
Recovering Lost Wages from Massachusetts Car Accident Injuries through PIP
Massachusetts requires that every auto insurance policy include a form of no-fault coverage, which means that certain benefits are available after a car accident regardless of who caused the crash. One of the most important of these benefits is called personal injury protection (PIP).
PIP is part of your personal Massachusetts automobile insurance policy. After a motor vehicle accident, PIP provides up to $8,000 per person per accident to cover specific expenses, including medical bills, replacement services (like housebound help if you cannot perform certain tasks because of your injuries, and a portion of your lost wages.
PIP may be available to you if you are unable to work because of car crash injuries incurred as a driver, a passenger, a pedestrian, or a bicyclist.
Unfortunately, PIP does not completely replace your lost wages. However, it can pay a portion of your lost income if you are unable to work because of injuries caused by a car accident. Typically, PIP covers up to 75% of your lost wages, subject to the overall $8,000 cap.
Because PIP benefits have a relatively low cap, they often provide only short-term relief for an injury victim who cannot work. They are designed to offer quick access to income replacement while other claims are being evaluated or pursued. Once PIP benefits are exhausted, additional lost wages may need to be recovered through other legal avenues, such as a personal injury claim against the at-fault driver and their insurance. The help of a skilled Massachusetts car accident lawyer can ensure that all available forms of coverage are pursued promptly and fully.
Missing Income Because of an Injury?
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Can You Combine Multiple Lost Wage Recovery Methods?
In some cases, more than one form of wage replacement may be available. Which methods of recovering lost wages are available to you depend on the circumstances of your individual case.
As an example, after a car accident, PIP through your personal automobile insurance may provide initial lost wage benefits, and you may also be able to bring a personal injury claim against the at-fault driver and recover through their automobile insurance policy.
Another example is that, depending on a number of factors, a Massachusetts worker injured in a vehicle crash caused by another driver’s negligence while on the job may be able to both receive workers’ compensation benefits and pursue a third-party personal injury claim.
Even if multiple recovery methods are available, the amount you recover cannot exceed your actual lost wages. Each situation is unique, and a skilled Massachusetts attorney like Tracy Paulsen can help you understand whether combining recovery methods is possible in your individual case.
Why Hire Attorney Paulsen to Help You Recover Your Lost Wages?
If you have been injured at work or because of someone else’s negligence AND you lost income because of your injuries, you may have a legal right to recover all or a portion of your lost wages. If you were hurt while working, you may be eligible for workers’ compensation benefits, which can replace a portion of the wages you lose while recovering, in addition to helping to pay for your medical care. If you were hurt in a non-work accident, a personal injury claim may be available against the party who caused your injuries.
At Rightful Legal, Attorney Tracy Paulsen and her team provide both compassionate client support and zealous legal representation. The firm assists injury victims in the greater Boston area, Bristol County, Plymouth County, and throughout Massachusetts, guiding them through every step of the claims process. From identifying whether a case falls under workers’ compensation or personal injury law to advocating for clients at hearings or in court, Rightful Legal handles your legal burden so you can focus on healing and moving forward with your life.
Attorney Paulsen is well aware that employers, insurance companies, and other responsible parties often attempt to downplay injuries or shift blame after an injury, working to keep you from recovering the lost wages you deserve. With extensive experience handling workers’ compensation and personal injury claims, Rightful Legal is prepared to challenge these tactics and pursue the full compensation our clients deserve. There are no upfront legal fees with Rightful Legal. Our clients pay nothing unless we recover compensation for them.
To learn more, contact Rightful Legal to schedule your totally free and confidential consultation. This initial discussion gives you the opportunity to tell us what happened, learn about our firm, and explore your legal options.
Text or Call Rightful Legal Right Away at 617-821-5856. You may also contact our passionate Massachusetts Lost Wages Lawyers Online Now.
Frequently Asked Questions About Lost Wages in Massachusetts Injury Cases
What are lost wages in a Massachusetts injury claim?
Lost wages are the income you are unable to earn because an injury prevents you from working. This may include missed salary or hourly wages, overtime, bonuses, commissions, sick or vacation time you were forced to use, and reduced income if you return to work with restrictions.
Can I recover lost wages if I was injured at work?
Yes. If you were injured at work or while performing job duties, you may be eligible for workers’ compensation benefits. Massachusetts workers’ compensation can provide partial wage replacement even if the accident was not your employer’s fault.
How much of my income does workers’ compensation pay?
Temporary total incapacity benefits typically pay about 60 percent of your average weekly wage, up to a state-set maximum. Partial incapacity benefits may be available if you can work but earn less due to injury-related limitations.
Can I recover lost wages after a car accident in Massachusetts?
Yes. Lost wages may be recovered through Personal Injury Protection (PIP) benefits and, in many cases, through a personal injury claim against the at-fault driver. PIP may provide short-term wage replacement, while a personal injury claim can seek full compensation.
Does PIP cover all my lost income?
No. PIP generally covers up to 75 percent of lost wages, subject to an $8,000 total cap per person. If your injuries keep you out of work for an extended period, additional recovery may be pursued through a personal injury claim.
Can I recover future lost wages?
Yes. In personal injury cases, you may be able to recover compensation for future lost wages or reduced earning capacity if your injuries affect your ability to work long-term. These claims often require medical evidence and expert testimony.
Can I combine workers’ compensation and a personal injury claim?
In some cases, yes. For example, if you were injured at work due to a third party’s negligence, you may receive workers’ compensation benefits and also pursue a personal injury claim against the responsible party. However, you cannot recover more than your actual lost wages.
What proof is required to recover lost wages?
Documentation is critical. This may include pay stubs, tax returns, employer wage records, doctor’s notes restricting work, medical records, and proof of time missed from work. Massachusetts Personal Injury Lawyer Tracy Paulsen helps clients gather and present the necessary evidence.
How long do I have to file a lost wages claim in Massachusetts?
Deadlines vary depending on the type of claim. Workers’ compensation and PIP claims have short reporting deadlines, while most personal injury claims must be filed within three years. Speaking with a lawyer early helps protect your rights.
