Workers' Comp Settlements in Massachusetts

Yes. An insurer and worker can agree to a lump-sum settlement, but it must be reviewed and approved by the Department of Industrial Accidents. If the worker has no lawyer (or in certain other situations), the settlement is not final until an administrative judge or administrative law judge approves it; otherwise a conciliator, administrative judge or administrative law judge reviews and approves it as complete. A settlement made after the insurer has accepted liability does not end the insurer's responsibility for medical benefits. Settlements may not include releases that waive future employment, other workers' compensation claims, or wrongful-discharge claims; such releases are void.

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.