How do I file a workers' compensation claim in Massachusetts?
Massachusetts workers' comp is governed by M.G.L. Chapter 152, administered by the Department of Industrial Accidents (DIA).
1. Coverage
Required for virtually all employers with 1+ employee (M.G.L. c. 152, § 25A). Excluded: seamen (Jones Act), railroad employees (FELA), federal workers, some real estate brokers, and qualifying independent contractors under the 3-prong ABC test of M.G.L. c. 149, § 148B.
2. Notice to Employer
Notice "as soon as practicable" after the injury (M.G.L. c. 152, § 41). No fixed day deadline, but delays affecting the carrier's investigation can prejudice the claim.
3. Claim Filing
File Form 110 (Employee's Claim) with the DIA within 4 years of the date the employee became aware of the causal connection between the disability and employment (M.G.L. c. 152, § 41).
4. Benefits
Medical fully covered. Temporary Total Incapacity (§ 34) pays 60% of average weekly wage for up to 156 weeks, subject to state average weekly wage max ($1,829/week for 2026). Partial Incapacity (§ 35) pays 60% of difference between pre- and post-injury earning capacity for up to 260 weeks. Permanent and Total Incapacity (§ 34A) for life. Specific compensation (§ 36) for scheduled losses. Death benefits (§ 31) plus $4,000 burial (§ 33).
5. Independent Medical Exam (IME)
After a claim is filed, an impartial medical examiner (IME) is appointed under § 11A, whose report is given prima facie weight.
6. Choice of Doctor
After the first scheduled appointment chosen by the employer/insurer, the employee may select any health care provider of their choice under § 30.
7. Denied Claim / Appeal
Conciliation, then conference before an Administrative Judge (Order), then full hearing (Decision). Appeal to the Reviewing Board, then to the Massachusetts Appeals Court (§ 12).
8. Third-Party Suit
M.G.L. c. 152, § 15 preserves third-party rights. Insurer has lien for compensation paid; recovery is shared per statutory formula.
This is legal information, not legal advice.
- § 11A impartial medical examiner report adverse
- Lump-sum settlement under § 48 negotiation
- Independent contractor misclassification under ABC test
- M.G.L. c. 152
- M.G.L. c. 152, § 25A
- M.G.L. c. 152, § 30
- M.G.L. c. 152, § 34
- M.G.L. c. 152, § 34A
- M.G.L. c. 152, § 35
- M.G.L. c. 152, § 36
- M.G.L. c. 152, § 41
- M.G.L. c. 152, § 11A
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.