Massachusetts Workers' Compensation: Fast Facts
Coverage Requirements Under Massachusetts State Law
Most Massachusetts employers with at least one part-time employee must provide workers' compensation insurance coverage. See below for a list of exempt employees without coverage.
Work-Related Injury or Illness Reporting Requirements
Notify your supervisor immediately about your work-related illness or injury, preferably in writing. If you seek medical care before notifying your employer, you may have to pay all those bills yourself.
Where to Seek Medical Care
Your employer has the right to choose the first doctor that treats you. If you see an unauthorized provider, then you must pay all your own medical bills related to your accident. However, you have the right to change providers after that initial doctor's visit with your employer's preferred provider. Your employer also has the right to send you to their authorized doctor periodically for independent medical evaluations.
Waiting Period for Lost-Wage Benefits in Massachusetts
Your first 5 days off work are always unpaid unless you're out for a minimum of 3 weeks total. On day 22, you'll qualify for lost-wage benefits covering your first unpaid 5 days away from the job. If you don't need at least 5 days off work to recover, then workers' compensation only covers your medical bills. Expect your first payment within 3-4 weeks after the date you notify your employer about your injury or illness.
Massachusetts Workers' Compensation Statute of Limitations
You have four years from your job injury or illness diagnosis date to file your Massachusetts workers' compensation claim.
Massachusetts Weekly Compensation Rate
You can receive 60% of your gross average weekly wages, but no more than 100% of the state's current AWW. This amount is subject to maximum and minimum benefit amounts for the current calendar year in Massachusetts.
How Long You Can Receive Massachusetts Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: funeral and burial expenses equal to 8x the state's AWW at the time of death plus weekly TTD payments until the surviving spouse remarries or dies
- Temporary Total Disability (TTD): until you return to work or up to 156 weeks (3 years)
- Permanent Partial Disability (PPD): a one-time payment based on your percentage of disability or TTD payments for up to 520 weeks, depending on your injury's severity
- Temporary Partial Disability (TPD): up to 75% of your TTD benefits amount for up to 260 weeks (5 years)
- Permanent Total Disability (PTD): up to 100% of the state's AWW on the date of your injury for the duration of disability
Massachusetts Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Massachusetts workers' comp coverage:
- Domestic service workers employed less than 16 hours per week
- Federal employees
- Independent contractors who work no more than 15 hours per week
- Sole proprietors with zero paid employees
Massachusetts Workers' Compensation Attorney Fees
All Massachusetts workers' compensation attorneys work on contingency. This means you only pay your attorney if they help you win your case. If you don't win, then you pay your workers' compensation lawyer nothing. Under Massachusetts law, you'll pay either 15% or 20% of your award. This amount varies depending on whether established liability does (20%) or does not (15%) exist in your case.