Employment Law Aid

Massachusetts Workers' Compensation: Benefits, Filing & Your Rights (2026)

Updated 2026-01-05
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Complete guide to Massachusetts workers' compensation including filing with DIA, benefit calculations, and navigating the MA workers' comp system.

Massachusetts workers' compensation provides medical treatment and wage replacement for injured workers, administered by the Department of Industrial Accidents (DIA). If you've been injured at work in Massachusetts, you're entitled to comprehensive no-fault benefits.

Massachusetts offers worker-friendly benefits including up to $1,746.17/week (2026), free choice of physician, and generous permanent disability awards. Understanding MA workers' comp laws ensures you receive full benefits.

Quick Facts: Massachusetts Workers' Compensation

Topic Massachusetts Law Most States
Coverage 1+ employees Varies (1-4+)
Temporary Disability 60% of gross average weekly wage 60-70% AWW
Maximum Weekly (2026) $1,746.17/week Varies
Filing Deadline 4 years from injury 1-3 years
State Agency Department of Industrial Accidents (DIA) Varies
Doctor Choice Employee chooses Varies

Who Is Covered

Employer threshold: 1+ employees

Covered: Full-time, part-time, seasonal, temporary, undocumented workers

Exemptions: Independent contractors, sole proprietors, partners, certain agricultural workers, domestic workers (some), real estate brokers


Benefits Available

Medical Benefits

Coverage: All reasonable and necessary medical treatment

No cost: No deductibles or co-pays

Includes: Emergency care, doctors, hospital stays, surgery, prescriptions, therapy, equipment

Doctor selection: Employee chooses physician (unlike most states where employer controls)

Temporary Total Disability

Amount: 60% of gross average weekly wage

Maximum (2026): $1,746.17/week (one of highest in nation)

Waiting period: 5 days (retroactive after 21 days)

Duration: Until MMI or return to work (no set maximum)

Permanent Disability

Permanent and Total: 66.67% of AWW for life (max $1,940.74/week)

Permanent Partial (specific injuries): Fixed weeks based on scheduled injuries

Permanent Partial (general): Based on loss of function and earning capacity

Death Benefits

Burial: Up to $8,000

Dependency: 2/3 of wages to surviving dependents (max $1,940.74/week)


Filing Process

Step 1: Report to employer immediately

Step 2: Choose your own physician for treatment

Step 3: Employer files Form 101 with DIA

Step 4: If denied, file Employee Claim (Form 110)

Deadline: 4 years from injury (longest in nation)

Learn more: How to File a Massachusetts Workers' Comp Claim


Massachusetts Department of Industrial Accidents

Website: www.mass.gov/dia

Services: File claims, conciliation, hearings

Phone: (617) 727-4900 (Boston); (413) 784-1133 (Springfield)


Covered Injuries

  • Work-related accidents
  • Occupational diseases
  • Repetitive stress injuries
  • Aggravation of pre-existing conditions
  • Mental/emotional injuries (limited circumstances)

Not covered: Willful intent, serious & willful misconduct, intoxication

Learn more: Covered Injuries in Massachusetts Workers' Comp


Retaliation Protections

Massachusetts law (M.G.L. c. 152, § 75B) prohibits discharge or discrimination for filing claims.

Remedies: Reinstatement, back pay, additional damages

Learn more: Massachusetts Workers' Comp Retaliation


FAQs

Q: How much will I receive? A: 60% of gross average weekly wage, up to $1,746.17/week (2026).

Q: Can I choose my doctor? A: Yes! Massachusetts allows free choice of physician.

Q: How long to file? A: 4 years from injury—longest in the nation.

Q: Can I be fired? A: No. Massachusetts prohibits retaliation.

Q: Need a lawyer? A: Consider one for permanent disability, denied claims, or complex cases.


Related Massachusetts Topics


Legal Disclaimer

This guide provides general information about Massachusetts workers' compensation laws. It is not legal advice. Consult a qualified Massachusetts workers' compensation attorney.

Last updated: January 5, 2026

Frequently Asked Questions

Who Is Covered?
Employer threshold: 1+ employees Covered: Full-time, part-time, seasonal, temporary, undocumented workers Exemptions: Independent contractors, sole proprietors, partners, certain agricultural workers, domestic workers (some), real estate brokers
What is medical Benefits?
Coverage: All reasonable and necessary medical treatment No cost: No deductibles or co-pays Includes: Emergency care, doctors, hospital stays, surgery, prescriptions, therapy, equipment Doctor selection: Employee chooses physician (unlike most states where employer controls)
What is temporary Total Disability?
Amount: 60% of gross average weekly wage Maximum (2026): $1,746.17/week (one of highest in nation) Waiting period: 5 days (retroactive after 21 days) Duration: Until MMI or return to work (no set maximum)
What is permanent Disability?
Permanent and Total: 66.67% of AWW for life (max $1,940.74/week) Permanent Partial (specific injuries): Fixed weeks based on scheduled injuries Permanent Partial (general): Based on loss of function and earning capacity
What is death Benefits?
Burial: Up to $8,000 Dependency: 2/3 of wages to surviving dependents (max $1,940.74/week)

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.