Workers Compensation Law in Massachusetts

Workers' compensation covers injuries and illnesses that 'arise out of and in the course of employment,' including sudden accidents, injuries that develop over time from repetitive work, and illnesses caused by workplace exposures. Both physical and some psychological conditions can qualify. However, mental or emotional injuries caused solely by routine personnel actions — such as a demotion or termination — are generally excluded under Massachusetts General Laws Chapter 152, Section 29.

If you are totally unable to work, you generally receive 60 percent of your average weekly wage before the injury, up to a maximum rate set annually by the state. There is a five-calendar-day waiting period — you are not compensated for the first five days unless your disability lasts 21 or more calendar days, in which case those first five days are also paid. Under Section 34 of Chapter 152, total incapacity benefits at this rate can last up to 156 weeks.

Generally no. By receiving workers' compensation benefits, employees give up the right to sue their employer directly for the injury. However, if someone other than your employer — for example, a manufacturer of defective equipment — contributed to your injury, you may still be able to bring a separate lawsuit against that third party under Massachusetts General Laws Chapter 152, Section 15.

Partial incapacity benefits under Massachusetts General Laws Chapter 152, Section 35 pay 60 percent of the difference between your average weekly wage before the injury and what you are currently able to earn. Your age, training, and work experience are considered in determining your current earning capacity.

Massachusetts law requires nearly all employers to carry workers' compensation insurance. If your employer is uninsured, you may be able to seek benefits through the Workers' Compensation Trust Fund, a state fund that steps in when employers lack coverage. You can contact the Department of Industrial Accidents, which also enforces the insurance requirement and can take action against uninsured employers.

You can file a claim with the Department of Industrial Accidents to begin the dispute process. The first step is conciliation, a free informal session with a Department of Industrial Accidents conciliator. If conciliation does not resolve the matter, you may request a formal hearing before an administrative judge who will review the evidence and issue a decision.

The workers' compensation insurer generally pays for medical treatment that is reasonably related to your work injury or illness, including hospital and doctor visits, surgery, prescription medications, and medically necessary equipment. You should not receive a bill for covered treatment. If the insurer disputes whether treatment is related to your work injury, the Department of Industrial Accidents can help resolve the disagreement.