How do I file a workers compensation claim in Massachusetts?

Massachusetts workers' compensation is administered by the Department of Industrial Accidents (DIA) under M.G.L. Chapter 152.

1. Who Is Covered

Virtually all Massachusetts employees, including part-time and minors (M.G.L. c. 152, § 1).

Employers with 1 or more employees must carry workers' comp (M.G.L. c. 152, § 25A).

Sole proprietors, partners, and corporate officers may opt out.

2. Notice to Employer — As Soon as Practicable

Under M.G.L. c. 152, § 41, give notice to the employer as soon as practicable after the injury.

No strict day deadline, but late notice may be a defense if the employer is prejudiced.

3. Filing Deadline — 4 Years (Long)

File Form 110 Employee's Claim with the DIA within 4 years of the date the employee knew or should have known of the work-related injury (M.G.L. c. 152, § 41).

Massachusetts has one of the longest statutes of limitations in the country.

4. Waiting Period — 5 Days

No benefits for the first 5 calendar days of incapacity.

If incapacity exceeds 21 days, the first 5 days are paid retroactively (M.G.L. c. 152, § 29).

5. Weekly Benefit Calculation

Temporary Total Incapacity (§ 34): 60% of AWW, max 156 weeks.

2024 maximum: $1,829/week (100% of SAWW); minimum: 20% of SAWW.

Permanent and Total Incapacity (§ 34A): 2/3 of AWW for life.

Partial Incapacity (§ 35): 60% of the difference between pre-injury AWW and current earning capacity, max 260 weeks.

6. Maximum Benefit Period

§ 34 Temporary Total: 156 weeks (3 years).

§ 35 Partial: 260 weeks (5 years), or 520 weeks (10 years) for catastrophic injuries.

§ 34A Permanent Total: lifetime.

7. Medical Treatment — Employee Chooses

The employee chooses the treating physician for the first scheduled visit (M.G.L. c. 152, § 30).

If the employer has a Preferred Provider Arrangement (PPA), the employee may have to use a PPA doctor for the first scheduled visit, then can choose any provider.

One change of doctor permitted as a matter of right.

8. Choice of Doctor

Broad — employee chooses; PPA may apply to first visit only.

9. Attorney Fees

Set by the DIA — typically 20% of the disputed amount, paid by the insurer (not the employee) for successful litigation under M.G.L. c. 152, § 13A.

10. Scarring and Disfigurement (§ 36)

Specific awards for permanent loss of function and disfigurement (face, neck, hands).

11. Lump Sum Settlements (§ 48)

Settlements require DIA judge approval and a settlement agreement document.

This is legal information, not legal advice.