Question 1

What is the statute of limitations for workers' compensation in Massachusetts?

Accepted Answer

Workers' compensation claims must be filed within 4 years of the date of injury or 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)

Question 2

What is Massachusetts's law on ttd benefits (temporary total incapacity)?

Accepted Answer

TTD benefits are 60% of average weekly wage, subject to a maximum of the state average weekly wage (SAWW). Benefits begin after a 5-day waiting period. If disability lasts 21+ days, the waiting period is paid retroactively. Benefits are payable for up to 156 weeks (3 years). (M.G.L. c. 152, § 34)

Question 3

What is Massachusetts's law on permanent total disability?

Accepted Answer

If totally and permanently disabled, benefits continue at 2/3 (66.67%) of average weekly wage with no time limit. After 5 years of § 34A benefits, an annual COLA adjustment applies based on the increase in SAWW. (M.G.L. c. 152, § 34A)

Question 4

What is Massachusetts's law on partial disability benefits?

Accepted Answer

Temporary partial incapacity benefits are 60% of the difference between pre-injury and post-injury wages, subject to a maximum of 75% of the TTD rate. Payable for up to 260 weeks (5 years). (M.G.L. c. 152, § 35)

Question 5

What is Massachusetts's law on universal coverage requirement?

Accepted Answer

All employers in Massachusetts must carry workers' compensation insurance, regardless of the number of employees. There is no small-employer exception. Failure to carry insurance is a criminal offense. (M.G.L. c. 152, § 25A)

Question 6

What is Massachusetts's law on lump sum settlement?

Accepted Answer

Parties may settle a workers' compensation claim via lump sum agreement. The settlement must be approved by an administrative judge at the Department of Industrial Accidents (DIA). (M.G.L. c. 152, § 48)

Workers' Compensation Laws in Massachusetts.

Statute of Limitations

Key Massachusetts Statutes

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