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There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier, individual employer, or groups of employers
Exemptions from WC: None.
Medical benefits provided: Full
Physician selection: Employee makes initial selection of physician.
Benefits for temporary total disability (TTD): 60 percent of worker’s wage for up to 156 weeks. Additional $6 will be added per dependent if weekly benefits are below $150.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for the duration of disability. Additional $6 will be added per dependent if weekly benefits are below $150.
Benefits for permanent partial disability (PPD): 60 percent of the difference between employee’s average weekly wage before injury and average weekly wage after injury for up to 260 weeks. Total number of weeks may be extended to 520 if it is found that the employee has suffered a permanent loss of 75 percent or more of bodily function or sense. Bulk sums allowed for scheduled losses depending on extent of loss. Additional $6 will be added per dependent, if weekly benefits are below $150. Benefits subject to reduction by UI and Social Security benefits.
Scheduled awards: Paid directly after accident and in addition to temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.
Disfigurement benefits: Proper and equitable compensation not to exceed $15,000 is paid in addition to other compensation for disability for bodily disfigurement. Disfigurement that is purely scar-based is not payable unless the disfigurement is on the face, neck, or hands.
Death benefits for surviving spouse and children: 66 2/3 percent of employee wage for period of widow/widowerhood; children until 18. Children receive benefits beyond age 18 if disabled or regardless of age if full-time students. Dependent surviving spouses receive benefits during periods when they are not fully self-supporting. Total maximum payable may not exceed 250 times the state’s average weekly wage in effect at time of injury. Additional $6 will be added per child if weekly benefits are below $150.
Maximum burial allowance: $4,000
Waiting period: 5 days. Compensation is retroactive if disability continues for 5 or more calendar days from date of injury.
Rehabilitation: Both physical rehabilitation (PR) and vocational rehabilitation (VR) are covered under workers’ compensation statutes. Employers are responsible for VR costs plus costs of board, lodging, and travel during PR and VR. Employees receive TTD benefits plus board, lodging, and travel. Employees must accept PR and VR or compensation may be suspended during period of refusal.
Attorney fees: If employee prevails before hearing, twice the state’s average weekly wage; otherwise depends on when appellate process, settlement occurs. Statute determined by agency.
Occupational hearing loss statutes: Employee has 1 year from date of discovery to file for compensation. Benefits for one ear are $25,595 both are $67,958. Hearing loss formula is determined by medical evaluation. There is no deduction for preexisting loss.
Contact
Workers’ Compensation Advisory Council
The Advisory Council is a labor-management committee appointed by the Governor to monitor, oversee, and make recommendations to improve the workers' compensation system.
Department of Industrial Accidents
The Department of Industrial Accidents is responsible for managing the Workers' Compensation system in Massachusetts.
Regulations
Workmen’s Compensation Laws - Chapter 152
www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152
Contacts
None.
Regulations
None.