Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
As you decide whether to file for Massachusetts workers' comp, you’ll likely wonder, “How much will I get compensated?”
That number will help you understand your options moving forward as you manage your injury. You might wonder if workers' comp will be enough to support you or if you should try to get back to work while you get benefits.
Massachusetts offers multiple types of workers' comp benefits depending on your condition. Let’s go over the compensation you’re entitled to.
Massachusetts workers' compensation offers the following types of benefits:
Most of the benefits listed above consist of weekly payments.
In some cases, your employer’s insurer will ask to make a settlement where they pay you one lump sum.
The money you receive through workers' comp depends on your condition and its impact on your ability to work. Let’s look at the payment structures for the different types of benefits:
If you have a work-related illness or injury that needs medical care, workers' compensation can cover those services with no time limit or cost cap. Workers’ comp medical benefits cover:
In Massachusetts, you must go to your employer’s medical clinic for your first appointment if they have one. Otherwise, you can choose the doctor you see for your care.
On top of your medical benefits, workers' comp will cover part of the wages you would get if you could work. The amount you receive depends on your capacity to work after your injury.
The Department of Industrial Accidents (DIA) calculates these payments based on your average weekly wage before your injury.
To calculate this average weekly wage, find your total pre-tax and pre-benefits earnings, including overtime and bonuses, from the 52 weeks before your injury. Then, divide that number by 52.
This formula works a little differently if you worked for your employer for fewer than 52 weeks before you got injured. Count how many weeks you worked for them before your injury, then divide your total earnings from your employer by that number.
Massachusetts has maximum and minimum weekly compensation limits based on the statewide average weekly wage (SAWW). Going off these guidelines, you can receive a minimum of $335.07 and a maximum of $1,765.34 per week from 2022 to 202.
When you receive workers' comp, you may qualify for one of three types of incapacity benefits calculated from your average weekly wage:
Additional benefits for situations that require extra compensation include:
Working with a lawyer can significantly increase the amount of money you receive from workers' comp. In fact, claims with legal representation payout 739% percent more than claims without.
Sometimes, having an attorney can be the difference between getting paid, or not getting paid at all. While the state’s conditions for benefits seem cut-and-dry, your employer’s insurer can debate your eligibility when they evaluate your claim. A lawyer will advocate for your eligibility and help you earn all the benefits you’re entitled to.
The only downside, of course, of hiring a lawyer, is cost. Workers’ comp lawyers only charge after you’ve won a case, and what they charge is capped, and dependent on the extent of their involvement.
Massachusetts determines a set rate for lawyers to charge for handling workers' comp cases. As of February 2023, lawyers can charge the following amounts for different stages of a case:
These charges add up as you progress through your case. If you win a settlement, your lawyer will receive 20% of your winnings.
If you decide to increase your payout by hiring a lawyer, look for one who specializes in workers' comp. At Atticus, we connect people considering workers' compensation with carefully vetted lawyers.
Are services are always free, we’ll only connect you to a lawyer if you need one, and we can give free legal advice on the early stages of your case. Talk to our team today.
Notify your employer of your injury as soon as possible. After a five-day waiting period, they should file a claim with their insurance company. If they don’t, you can also file Form 110 with the Department of Industrial Accidents (DIA). Learn more in our full guide to Massachusetts workers’ comp.
Workers’ comp payments in Massachusetts are worth up to 60% of your average weekly wages before your injury. In 2023, there’s also a minimum payment of $353.07 per week and a maximum payment of $1,765.34 per week. Learn more about how much workers’ comp pays in Massachusetts.
There is a five-day waiting period before you’re eligible to receive workers’ comp payments and medical coverage in Massachusetts. Then your employer has seven days to file with their insurance. The insurance company must approve — and start payments — or deny your claim within 14 days of when your employer files your claim.
According to the DIA, half of workers’ comp claims in Massachusetts are disputed or denied. If this happens, the DIA highly recommends getting a lawyer. A lawyer can help you fight for the medical benefits and payments you’re entitled to. Here’s more on what a workers’ comp lawyer does.
Massachusetts workers’ comp benefits last for up to 156 weeks. Your payments will end sooner if you reach maximum medical improvement (MMI) and permanent benefits are available if you never fully recover. Our guide to how long benefits last in each state has more information.
As long as you stay within your treating physician’s instructions, you can do light-duty or modified-duty work while on workers’ comp. There’s no strict limit on the number of hours you can work. Read more about working while on workers’ comp.
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Victoria Muñoz
Lead Attorney
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