How Much Workers' Comp Pays in Massachusetts

Temporary total incapacity benefits are 60% of the worker's average weekly wage before the injury, up to the state maximum, for up to 156 weeks. If the worker's average weekly wage is below the state minimum rate, the benefit equals the worker's average weekly wage. Partial incapacity benefits are 60% of the difference between the pre-injury wage and what the worker can earn after the injury, capped at 75% of the total incapacity amount, generally for up to 260 weeks (extendable to 520 weeks in some serious cases).

By statute, the maximum weekly compensation rate is 100% of the state average weekly wage, and the minimum is 20% of the state average weekly wage, using the figure in effect on or just before the date of injury. The state average weekly wage is set each year (on or before October 1).

Temporary total incapacity benefits (Section 34) are limited to 156 weeks. Partial incapacity benefits (Section 35) are limited to 260 weeks, which can be extended to 520 weeks if the insurer agrees or an administrative judge finds that the worker has a qualifying level of permanent partial disability. Combined temporary total and partial benefits cannot exceed 364 weeks, or 520 weeks when that extension applies. Permanent and total incapacity benefits (Section 34A) have no stated week limit in the statute.

No weekly wage benefits are paid unless the injury keeps the worker from earning full wages for at least five calendar days. If the incapacity lasts 21 days or more, benefits are paid from the first day of incapacity. If it lasts at least five but fewer than 21 days, benefits are paid starting on the sixth day.

If incapacity is permanent and total, the worker receives two-thirds of the pre-injury average weekly wage, between the state minimum and maximum rates, after temporary benefits end. Separately, one-time payments are made for specific losses (such as loss of an eye, hearing, an arm, hand, leg or foot, or loss of use), calculated as a set number of weeks of the state average weekly wage; partial loss of use is paid in proportion. Losses are measured using the American Medical Association Guides to the Evaluation of Permanent Impairment. Disfigurement may be paid up to $15,000 (purely scar-based disfigurement only if on the face, neck or hands).