Fringe Benefits Are Not Included in Wage Calculations

April 16, 2011

In Massachusetts, workers' compensation benefits are available to those who suffer injury in the course of employment. The amount of weekly benefits an injured worker will receive is determined by the average weekly wage calculation, which is the average weekly earnings the employee took home for the year prior to the date of his or her injury.

While this calculation may seem rather straightforward, it can be more complex and nuanced than one might anticipate. Many injured workers are surprised to learn that benefits that their employers paid prior to the injury, such as health insurance benefits, are not included as part of their wages when determining workers' compensation benefits.

In a recent case, the Massachusetts Department of Industrial Accidents Reviewing Board determined that an injured golf course worker should not receive a credit toward his lost wage calculation for golfing privileges and driving range usage. The Judge ruled that the privileges were not express wage substitutes and should not be part of the average weekly wage calculation.

This may be an extreme case, but Massachusetts law also forbids other more common benefits from being included in an average weekly wage calculation. For example, health insurance plans, pensions, daycare and education and training programs provided by employers are also not included.

A Workers' Compensation Attorney Can Help

If you or someone you love has been injured at work, speak with an experienced Massachusetts workers' compensation attorney. A knowledgeable workers' compensation lawyer can assess your case and help you get the benefits you deserve. For more information, contact an attorney today.

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