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Workers' Compensation Tipped Employees

Massachusetts workers’ compensation covers a wide range of work related injuries and illnesses. The workers’ compensation process covers medical treatment associated with the illnesses or injury, as well as a portion of an employee’s lost wages. Specific disability, scarring and permanent loss of function benefits are available. If you or a loved one has been injured or has contracted a work related injury, you are entitled to workers’ compensation benefits. The attorneys at Bellotti Law Group, P.C. have covered workers’ compensation cases for over 38 years. Our lawyers will fight aggressively in order to make sure you receive the benefits you deserve. Call 617-225-2100 for a free consultation. 

Tipped Employees Definition

The Fair Labor Standards Act (FLSA) defines the classification of a “tipped employee” as an employee that receives over $30 a month in tips. An employee’s tips can be used as part of a valid tip pool or count the tips as credit against the obligation to pay minimum wage. Tip income that is used as credit against the obligation to pay minimum wage is called “tip credit”. All employers are obligated to notify employees of their rights, and employers must be able to prove that their employee receives at least minimum wage. If an employer does not fulfill these obligations, they are violating labor laws. Workers are able to take legal action against their employer.

In Massachusetts, the minimum wage is $15 an hour, which is much higher than the federal minimum wage which is $7.25 an hour. Employees are entitled to earn the hourly state minimum wage, rather than the federal minimum wage, since Massachusetts’ minimum wage is higher. 

Employers are allowed to pay their workers less than minimum wage in the event that enough tips are made to make up the difference, which is referred to as tip credit. Tip credit refers to the amount of the money an employer does not need to pay their employees. Tips made can be counted as money paid by an employer, although it is not paid directly by the employer. As of 2023, employers must pay tipped employees a minimum of $6.75 per hour. Employers may take a maximum tip credit of $8.25. 

In 2018, federal U.S. Law stipulated that an employee can perform non tipped related work at the same time as, or immediately before or after performing tipped duties, and this non tipped time can be counted towards tip credit. If an employee is performing non-tipped related work, or these tasks are not completed during or immediately adjacent to tipped duties, the employers may not count that time towards tip credit.

Workers' Compensation Benefits For Tipped Employees

When calculating workers' compensation benefits for a tipped employee, the average weekly wage is determined based on the employee's total earnings, including tips, over the 52 weeks prior to the injury. The benefit amount is then calculated as two-thirds of the average weekly wage.

It's important to note that if a tipped employee's tips are not accurately reported to their employer, their workers' compensation benefits may be affected. In Massachusetts, employers are required to keep accurate records of their employees' tips and report them to the Department of Unemployment Assistance. Additionally, if a tipped employee works multiple jobs, their workers' compensation benefits may be calculated based on the combined earnings from all their jobs.

In summary, tipped employees in Massachusetts are eligible for workers' compensation benefits, but the calculation may be different from that of other employees due to the inclusion of tips in their total earnings. Employers are required to keep accurate records of their employees' tips, and employees should ensure that their tips are properly reported to their employer to ensure accurate calculation of workers' compensation benefits.

Workers' Compensation Settlement

In some cases, injured workers may be entitled to a workers’ compensation settlement. Workers' compensation settlements in Massachusetts are a form of compensation paid to employees who have suffered a work-related injury or illness. 

These settlements are designed to provide financial support to workers who have been injured on the job, and they are typically paid out by an employer's workers' compensation insurance company. Workers' compensation settlements in Massachusetts are lump-sum settlements. These are a one-time payment that covers the entire settlement amount, while structured settlements involve periodic payments over time.

The amount of workers' compensation settlements in Massachusetts depends on several factors, including the severity of the injury, the extent of the worker's disability, and the worker's average weekly wage. In general, workers can receive up to 60% of their average weekly wage as compensation, up to a maximum amount set by the state. In order to receive a workers' compensation settlement in Massachusetts, workers must follow certain procedures and meet certain deadlines. This includes notifying their employer of the injury or illness within 30 days of its occurrence, seeking medical treatment, and filing a claim with the Department of Industrial Accidents (DIA).

Once a claim is filed, the DIA will investigate the claim and determine the appropriate amount of compensation. If the parties are unable to reach a settlement through negotiations, the case may go to a hearing before a judge. Overall, workers' compensation settlements in Massachusetts provide important financial support to workers who have been injured on the job. If you have been injured at work in Massachusetts, it is important to seek legal advice from an experienced workers' compensation attorney to help you navigate the claims process and secure the compensation you deserve.

Hire A Workers' Compensation Attorney At Bellotti Law Group, P.C.

Knowledge and Experience

A workers' compensation law firm has attorneys who specialize in handling workers' compensation cases. They have the knowledge and experience necessary to navigate the complexities of the workers' compensation system and ensure that you receive the compensation you deserve.

Maximum Compensation

A workers' compensation law firm will work to maximize the compensation you receive. They will ensure that you receive all of the benefits you are entitled to under the law, including medical expenses, lost wages, and disability benefits.

Protection of Your Rights

A workers' compensation law firm will protect your rights and ensure that you are treated fairly by your employer and the insurance company. They will represent you in negotiations and hearings and ensure that you are not taken advantage of by the system. 

Reduced Stress


A workers' compensation law firm can reduce the stress and burden of dealing with your workers' compensation claim. They will handle all of the paperwork, communicate with the insurance company, and represent you in court if necessary.

No Upfront Costs

Most workers' compensation law firms work on a contingency fee basis, which means that you do not have to pay anything upfront. The law firm will only receive a percentage of your compensation if they are successful in obtaining a settlement or award for you.

Contact An Attorney

Overall, hiring a workers' compensation law firm can increase your chances of receiving the compensation you deserve, reduce your stress, and protect your rights throughout the process. The lawyers at Bellotti Law Group, P.C. can help you navigate your workers’ compensation claim. We cover a wide variety of workers' compensation cases, such as aggravating pre-existing conditions, permanent and total disability, temporary total disability, partial disability, as well as benefits for vocational rehabilitation. Call 617-225-2100 for a free consultation.

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Could not have been happier with Attorney Peter Bellotti and everyone at Bellotti Law Group. I had a very difficult case, but Peter was relentless. He saved me and my family, big time, when the situation looked very bad. I was recommended to Peter and was told he was the best attorney in Boston and now I see why, 100%. Thank you Peter! John F.
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When looking for an attorney I didn't think have to think twice about who to call to protect my future. Peter Bellotti's amazing reputation made it an easy decision for who to call. He went above and beyond in my case, returning phone calls promptly, answering all my questions to ease my mind, and being a very understanding caring person. Patrick
I was on a case with Peter that spanned over a year and a half. Peter was very accommodating and set early expectations which helped get through this time period. Peter's professionalism helped keep me calm during this full time period. It was a pleasure getting to know Peter and if I ever need another lawyer in and around Boston Peter would be my go to choice hands down. Kyle