Massachusetts Workers’ Comp Benefits Explained: Types, Amounts, Duration

Under Massachusetts General Laws Chapter 152, injured workers receive wage replacement, medical coverage, and additional compensation based on the severity of their condition. Below is each benefit category, what it pays, and how long it lasts.

What Are the Main Types of Workers’ Comp Benefits in Massachusetts?

Massachusetts provides six categories of workers’ compensation benefits: temporary total disability, temporary partial disability, permanent and total disability, permanent loss of function or disfigurement, medical benefits, and death benefits.

How Much Does Temporary Total Disability Pay?

Temporary total disability (Section 34) benefits equal 60% of your average weekly wage, calculated by totaling your earnings over the 52 weeks before the injury and dividing by 52. Massachusetts caps the maximum weekly benefit at the state average weekly wage. These benefits begin after a five-day waiting period. If disability extends beyond 21 days, the first five days are paid retroactively.

How Long Do Temporary Total Disability Benefits Last?

Section 34 benefits are available for up to 156 weeks, or three years from the date of disability.

What Are Temporary Partial Disability Benefits?

When an injured worker returns to a job that pays less than their pre-injury wage, Section 35 benefits cover 60% of the difference between the old and new earnings. The maximum weekly amount is 75% of the temporary total disability rate.

What Is the Duration for Partial Disability?

Section 35 benefits last up to 208 weeks, or four years. Massachusetts caps the combined total of Section 34 and Section 35 benefits at 364 weeks. If you received three years of total disability, you would have roughly four additional years of partial disability available.

When Do Permanent and Total Disability Benefits Apply?

Section 34A benefits are reserved for workers whose injuries prevent them from ever returning to gainful employment. The payment rate is two-thirds (approximately 66.67%) of the pre-injury average weekly wage with no time limit — benefits continue for the duration of the disability. Qualifying typically requires medical evidence showing the injury is both permanent and totally disabling.

What Is the Benefit for Permanent Loss of Function?

Section 36 provides a one-time lump sum for the permanent loss of use of a specific body part or for significant scarring. This payment is made in addition to ongoing wage replacement benefits. The amount follows a schedule from the Department of Industrial Accidents assigning a specific number of weeks of compensation to each body part.

Does Workers’ Comp Cover All Medical Treatment?

Yes. Under Section 30, employers and their insurers must pay for all reasonable and necessary medical treatment related to the workplace injury for as long as needed. Coverage includes doctor visits, surgery, physical therapy, prescriptions, and medical devices such as crutches or wheelchairs. There is no time limit or dollar cap on medical benefits in Massachusetts.

Are Death Benefits Available to Surviving Family Members?

Section 31 provides surviving dependents with weekly benefits equal to two-thirds of the deceased worker’s average weekly wage. A surviving spouse receives benefits until remarriage or death. Dependent children are covered until age 18, or age 24 if enrolled full-time in school. Burial expenses up to a statutory maximum are also covered.

Where Can I Get Help With a Workers’ Comp Claim?

If your claim has been denied or your benefits reduced, an experienced workers’ compensation attorney in MA can represent you before the Department of Industrial Accidents. At the Law Office of Robert E. Frawley in Lawrence, MA, we offer free consultations and charge no fees unless we recover benefits on your behalf. Call 617-523-2929 to discuss your case.