Massachusetts Workers' Compensation Laws

The injured worker should notify the employer as soon as possible, and written notice should be provided within 30 days. Failure to notify does not bar the claim if the employer had actual knowledge or was not prejudiced by the delay.

TTD benefits are 60% of average weekly wage, subject to a maximum of the state average weekly wage (SAWW). Benefits begin after a 5-day waiting period. If disability lasts 21+ days, the waiting period is paid retroactively. Benefits are payable for up to 156 weeks (3 years).

If totally and permanently disabled, benefits continue at 2/3 (66.67%) of average weekly wage with no time limit. After 5 years of § 34A benefits, an annual COLA adjustment applies based on the increase in SAWW.

Temporary partial incapacity benefits are 60% of the difference between pre-injury and post-injury wages, subject to a maximum of 75% of the TTD rate. Payable for up to 260 weeks (5 years).

All employers in Massachusetts must carry workers' compensation insurance, regardless of the number of employees. There is no small-employer exception. Failure to carry insurance is a criminal offense.

Parties may settle a workers' compensation claim via lump sum agreement. The settlement must be approved by an administrative judge at the Department of Industrial Accidents (DIA).