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  1. #1
    Join Date
    Feb 2012

    Question Vacation Time Used While on Workers Compensation

    Hello, I live in Massachsetts. I been injured at work and been out since Jan. 31st 2012.

    I havent recieved anything from Workers Compensation as of yet.

    My employer told me I have to use my vacation time and paid me 31 hrs. this week.

    Is this legal I thought they shouldn't have done this. Also, how long does it to

    recieve WC. I have bills to pay. I'm stumped on this. Do you have expert advise.

    Regards, Tom

  2. #2
    Join Date
    Feb 2007

    Default Re: Vacation Time Used While on Workers Compensation

    Info on WC in MA is here
    There is a waiting period, 6 days, before benefits are due, you have to be off 21 days, before the first 6 are paid, when/if that happens, your vacation time should be reimbursed.

    Temporary Total Incapacity Benefits
    Who Qualifies?
    •You qualify if your injury or illness leaves you unable to work, considering your age, training, and experience for six or more full or partial calendar days (the days do not have to be consecutive).
    What Are The Benefits?

    •Your benefits will be 60% of your gross average weekly wage. To determine your benefits, take your actual gross earnings, including overtime, bonuses, etc., and divide this number by the number of weeks you worked at your job in order to compute your average weekly wage. Multiply that by 60% (.60) to come up with your approximate weekly compensation. The maximum that you can receive is the State's Average Weekly Wage (SAWW) at the time of your injury. The SAWW is set annually by the Massachusetts Division of Unemployment.
    For How Long?

    •You can receive these benefits for up to 156 weeks. Compensation begins on the sixth day of incapacity; you will not be compensated for the first five days of incapacity unless you are disabled for 21 calendar days or more. Again, these days do not have to be consecutive.
    I'm stumped on this. Do you have expert advise.
    We just try to help you find the info you are asking "expert" advice here... you should talk to a WC attorney...if you are stumped.

  3. #3
    Join Date
    Feb 2012

    Thumbs up Re: Vacation Time Used While on Workers Compensation

    Thanks, For the response.

    Regards, Tom

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