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Massachusetts Workers Compensation - Employee Benefits

Workers compensation employee benefit information for the State of Massachusetts

Massachusetts Workers Compensation Medical Benefits -

  • Injured Massachusetts workers are entitled to adequate and reasonable medical care as a result of the injury or illness. They are also entitled to prescription reimbursement and mileage reimbursement for travel to and from medical visits for work-related injury or illness. For your first visit to the doctor or hospital, your employer has the right to designate a healthcare provider within the employer’s preferred provider arrangement. After that initial treatment, you have the right to choose your own healthcare providers. The insurer has the right to send you periodically to see its doctor for an evaluation of your incapacity.

Who Chooses the Physician for Injured Workers in Massachusetts -

  • For the first visit to the doctor or hospital, the Massachusetts employer has the right to designate a healthcare provider within the employer’s preferred provider arrangement. After that initial treatment, the injured Massachusetts employe has the right to choose their own healthcare providers. The insurer has the right to send the injured Massachusetts employee periodically to see its doctor for an evaluation of incapacity.

Massachusetts Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • Compensation is 60 percent of the injured workers wage.
    • Minimum weekly payment is 20% of the state average weekly wage or $218.65.
    • Maximum weekly payment is 100% of the state average weekly wage or $1093.27.
    • Maximum number of payments is 156 weeks.
    • Additional $6 is added to payments per dependent only if weekly payment is below $150.
    • Note:
      • 2008-2009 state average weekly wage is: $1093.27.
      • You are not compensated for the first five calendar days of incapacity unless you are disabled for 21 calendar days or more.

  • Permanent Total Disability (PTD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is 20% of the state average weekly wage or $218.65.
    • Maximum weekly payment is 100% of the state average weekly wage or $1093.27.
    • Maximum number of payments is for the lenght of disability.
    • Additional $6 is added to payments per dependent only if weekly payment is below $150.

  • Permanent Partial Disability (PPD) Benefits:
    • Compensation is 60 percent of the difference between the injured workers average weekly wage prior to the injury and the earning ability after the injury.
    • Minimum weekly payment is payable but not set by law.
    • Maximum weekly payment is 75% of the benefits the injured worker would receive for TTD.
    • Non-scheduled injuries the maximum payments are 260 weeks.
    • Note:
      • Total payment weeks can be extended to a total of 520 if the injured worker suffers a permanent loss of 75% or more.
      • Lump sum payments are allowed for scheduled losses.
      • Additional $6 is added to payments per dependent only if weekly payment is below $150.


Massachusetts Workers Death/Dependency Benefits -

  • Surviving spouses can receive weekly benefits equal to two-thirds of the deceased worker’s average weekly wage, up to the maximum of the State’s Average Weekly Wage (SAWW) in place at the time of their injury or illness.
  • Surviving spouses become eligible for yearly cost of living adjustments two years after the date of the injury or illness.
  • If the spouse remarries, $60 a week is paid to each eligible child. The total weekly amount paid to dependent children cannot exceed the amount the spouse had been receiving.
  • Surviving spouses can receive these benefits for as long as they remain dependent and do not remarry.
  • In all cases where death has occurred as a result of an injury or illness, the insurer will pay up to $4000 for reasonable burial expenses.


Massachusetts Workers Compensation Attorney Fees -

  • The law requires that the insurer pay the attorney’s fee if an injured employee wins their case. In certain cases the insurer can reduce the employees payments to help pay for your legal representation. If the employee looses, the attorney can charge only for very specific expenses.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://www.mass.gov/dia/



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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