If it’s a car accident claim, then lost wages can be paid through PIP coverage. If it’s any other type of accident case, the lost wages must be paid out to the victim out of the eventual settlement. If the claim is a Workers’ Compensation claim, then Workers’ Compensation will pay for the injured worker’s lost wages.
In the context of Massachusetts workers’ compensation law, if the injured worker is completely unable to work, then he or she is entitled to 60% of his or her average weekly wage. If the injured worker is partially disabled from working, then he or she is entitled to 75% of his or her total disability rate. Workers’ Compensation Law is a different animal than Massachusetts Personal Injury Law as it is strictly set forth in Massachusetts law under Massachusetts General Laws, Chapter 152.