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Workers' Compensation Summary - Massachusetts

The Department of Industrial Accidents (DIA) is responsible for overseeing the Workers' Compensation system in Massachusetts. The following brief summary is intended to provide general information about Workers' Compensation coverage and benefits in Massachusetts. See the separate topic for help with acronyms. This information is based on data originally provided by the U.S. Department of Labor, with additional data provided by the Massachusetts Workers' Compensation Advisory Council and the Massachusetts Department of Industrial Accidents, and is current as of January 2011.

Benefit rates change annually on October 1 of each year. The rates shown below are in effect from October 1, 2010 to September 30, 2011.

NOTE: For more detailed information, go to Workers' Compensation - Overview - Massachusetts and follow the links for specific information and additional links not supplied below.

Type of Law and Insurance Requirements

In Massachusetts, workers' compensation is compulsory, and no waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural workers are covered the same as all other employees.

Coverage of Domestic Employees

Domestic workers employed 16 or more hours per week by an employer are covered.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 60. For weekly payments, the minimum is $217.61 (20% of SAWW or worker's average wage, if less) and the maximum is $1,088.06, 100% of SAWW. The maximum period of payments is 156 weeks. An additional $6 will be added per dependent if weekly benefits are below $150.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $217.61 (20% of SAWW or worker's average wage, if less) and the maximum is $1,088.06, 100% of SAWW. The maximum period of payments is the duration of disability. An additional $6 will be added per dependent if weekly benefits are below $150.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 60% of the difference between the employee's AWW before injury and weekly wage earning capacity after injury. For weekly payments, the minimum is payable, but not statutorily prescribed and the maximum is 75% of the benefits the worker would receive for Temporary Total Disability. For non-scheduled injuries, the maximum period of payments is 260 weeks. The total number of weeks may be extended to 520 if it is found that the employee has suffered a permanent loss of 75% or more of bodily function or sense. Bulk sums are allowed for scheduled losses depending on the extent of loss. An additional $6 will be added per dependent if weekly benefits are below $150. WC benefits are subject to reduction by Unemployment Insurance and Social Security benefits.

Disfigurement Benefits

Massachusetts law covers disfigurement that is "Bodily; except that disfigurement that is purely scar-based is not payable unless the disfigurement is on the face, neck, or hands". Benefits are proper and equitable compensation not to exceed $15,000 in addition to other compensation for disability.

Offset Provisions in State Laws

Section 36 B(1)--No benefit shall be payable for temporary total and permanent total disability for any week in which the employee has received or is receiving unemployment compensation benefits.

Section 36 B(2)--Any unemployment compensation benefits received will be credited against partial disability benefits for the same period or credited against any future partial disability benefits which are or may become payable.

Contact Information

Department of Industrial Accidents
600 Washington Street, 7th Floor
Boston, Massachusetts 02111

Phone: (617) 727-4900
Toll Free: 1-800-323-3249
Fax: (617) 727-647

Internet: http://www.mass.gov/dia/

Additional Information

Massachusetts regulations for Workers' Compensation (452 CMR 1-8) are available in HTML format at:
http://www.mass.gov/?pageID=elwdsubtopic&L=5&L0=Home&L1=Attorneys+and+Insurers&L2=General+Resources&L3=Rules+and+Regulations+(EOLWD)&L4=Department+of+Industrial+Accidents+-+452+CMR+1.00+-+8.00&sid=Elwd

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the WCAC and DIA websites at:
http://www.mass.gov/?pageID=elwdagencylanding&L=4&L0=Home&L1=Government&L2=Departments+and+Divisions+(EOLWD)&L3=Workers'+Compensation+Advisory+Council&sid=Elwd
http://www.mass.gov/Elwd/docs/dia/circular_letters/cl_336.pdf
http://www.mass.gov/dia/

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