FAQs about Workers' Compensation

What am I entitled to under Workers' Compensation in Massachusetts?
gavel

When you are injured during the course of employment, you may be entitled to reimbursement for your lost wages and medical bills. There are other losses covered under Massachusetts General Laws Chapter 152 that you may provide you with additional benefits. It is important to notify your employer immediately if you have been injured during the course of your employment and to seek immediate medical treatment.

How soon after I begin a new job am I eligible for Workers' Compensation?

If you are injured on the job, you are eligible for Workers' Compensation benefits starting with your first day of work. There is a five day waiting period. However, if you are injured and out of work for more than 21 days, you may be entitled to the first five days of benefits. In addition, you may make a claim with the Department of Industrial Accidents even if your employer was not insured on the day you were injured.

What is the difference between temporary totally disability and partial disability?

If a determination is made that you are temporarily totally disabled under M.G.L. Chapter 152, Section 34, you can receive up to 60% of your average weekly wage (AWW) for up to 3 years or 156 weeks. Your AWW is based on your gross earnings over the 52 weeks prior to your injury. If it is determined that you are partially disabled, you can receive 60% of the difference between your AWW and your earning capacity after the injury, but not more than seventy-five percent of what you would receive if you were eligible for total incapacity benefits. Partial disability benefits under M.G.L. Chapter 152, Section 35, may be payable for up to five years. However, the sum of the temporary total under Section 34 and partial disability under Section 35 is limited to seven years.

In addition, under certain circumstances you could receive total and permanent benefits, under M.G.L. Chapter 152, Section 34A, for life if it is medically determined that you are totally and permanently disabled due to your work related injury.

If I sustained some disfigurement, scarring or loss of function as a result of my injury, am I eligible for any additional compensation?

In Massachusetts, under M.G.L. Chapter 152, Section 36, if you have scarring on your face, neck or hands you may be eligible for additional compensation. In addition, compensation may be available for permanent loss of function or loss of use that has resulted from your work related injury.

Contact Us
Phone number