Massachusetts Workers' Compensation Settlement Calculator
Estimate Massachusetts workers' comp — Max/Min Weekly Rate, Statewide-Wage PPD Schedule, Opt-Out Exclusive Remedy
Massachusetts workers' compensation claims are governed by M.G.L. c. 152, §1(1) / DIA Circular Letter 362 (eff. 10/1/2025) (Max/Min Weekly Rate): Max $1,922.48/wk (100% of SAWW); Min $384.50/wk (20% of SAWW). Of the 5 landmark Massachusetts workers' compensation awards documented on this page, the largest is $24M (Third-party negligence settlement (not a direct WC benefit — illustrates the §15 third-party-claim exception); 2026).
⚓ MASSACHUSETTS: Max/Min Weekly Rate | Statewide-Wage PPD Schedule | Opt-Out Exclusive Remedy
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Massachusetts Workers' Compensation Law
Massachusetts workers' compensation benefits is governed by M.G.L. c. 152, §1(1) / DIA Circular Letter 362 (eff. 10/1/2025) (Max/Min Weekly Rate): Max $1,922.48/week (100% of the state average weekly wage); Min $384.50/week (20% of SAWW). The state average weekly wage is set annually by the Department of Unemployment Assistance under M.G.L. c. 151A, §29(2) and resets every October 1.
Temporary Total Incapacity (M.G.L. c. 152, §34): 60% of the employee's average weekly wage, subject to the state max/min, for up to 156 weeks. A 5-day waiting period applies — no benefits for the injury day plus the first 5 calendar days, unless the incapacity lasts beyond 21 days, in which case those days are paid retroactively.
Specific Injuries — Statewide-Wage Multiplier Schedule (M.G.L. c. 152, §36): Fixed multiples of the statewide average weekly wage at the date of injury, paid IN ADDITION to §34/§35/§34A wage-replacement benefits. UNLIKE most states — Massachusetts ties the dollar value to the STATE's wage, not the worker's own wage: loss of a dominant hand = 34x SAWW (≈$65,364 at the current $1,922.48 SAWW); loss of both eyes, arms, or legs = 96x SAWW (≈$184,558). Facial, neck, or hand disfigurement adds up to $15,000.
Key Massachusetts Workers' Compensation Statutes
Massachusetts workers' compensation benefits operates under these critical legal rules:
M.G.L. c. 152, §1(1) / DIA Circular Letter 362 (eff. 10/1/2025)
Max/Min Weekly RateStandard: Max $1,922.48/wk (100% of SAWW); Min $384.50/wk (20% of SAWW)
Scope: State average weekly wage (SAWW) is set annually by the Dept. of Unemployment Assistance under M.G.L. c. 151A, §29(2); new rate takes effect every October 1. If the employee's own AWW is already below the statutory minimum, compensation equals the actual AWW instead of the 60% formula.
M.G.L. c. 152, §34
Temporary Total Incapacity (TTD)Standard: 60% of average weekly wage, subject to the state max/min, for up to 156 weeks
Scope: A 5-day waiting period applies (M.G.L. c. 152, §29) — no benefit for the injury day plus the first 5 calendar days; those days are paid retroactively if incapacity extends beyond 21 days. No compensation for any period during which wages were actually earned.
M.G.L. c. 152, §34A
Permanent & Total Incapacity (PTD)Standard: 66⅔% (two-thirds) of average weekly wage, subject to the state max/min
Scope: Paid for the duration of permanent and total incapacity — no statutory week cap, effectively for life. Prior amounts paid under §34/§35 are credited against the §34A award.
M.G.L. c. 152, §35
Temporary Partial IncapacityStandard: 60% of the difference between pre-injury AWW and post-injury earning capacity, capped at 75% of the equivalent TTD rate
Scope: Payable for up to 260 weeks; extendable to 520 weeks for permanent loss of function, a life-threatening condition, or a permanently disabling occupational disease. Combined §34+§35 duration is capped at 364 weeks (520 if the extension applies).
M.G.L. c. 152, §36
Specific Injuries — Statewide-Wage Multiplier ScheduleStandard: Fixed multiples of the statewide AWW at the date of injury per body part (hand = 34x, arm = 43x, eye/leg = 39x, both eyes/arms/legs = 96x), paid IN ADDITION to §34/§35/§34A wage-replacement benefits
Scope: UNLIKE most states — MA ties the dollar value to the STATE's wage, not the worker's own wage. At the current $1,922.48 SAWW: dominant hand ≈ $65,364; both eyes/arms/legs ≈ $184,558. Facial, neck, or hand disfigurement adds up to $15,000 (capped).
M.G.L. c. 152, §24 / §15
Exclusive Remedy — Opt-Out at HireStandard: Employee is automatically deemed to have WAIVED the right to sue the employer at common law UNLESS written notice preserving that right is given at hire (or within 30 days of the employer becoming insured)
Scope: The reverse of the 'opt-in' exclusive-remedy model used elsewhere. Third-party claims against non-employers (§15) are always preserved: the WC insurer holds a lien up to what it paid, cannot bring its own third-party suit until 7 months post-injury, and any recovery above the lien is kept by the employee.
M.G.L. c. 152, §41
Notice & Filing DeadlinesStandard: Notice to employer/insurer 'as soon as practicable'; claim must be filed within 4 years of when the employee first became aware of the causal relationship between disability and employment
Scope: Death claims: no later than 4 years after death. Filing a claim or payment of compensation tolls the statute of limitations. Discontinued third-party actions leave only 60 days to file a WC claim afterward.
Recovery Structure
Medical treatment (unlimited, no dollar cap), lost wages at 60% of AWW (§34, up to 156 weeks) or two-thirds for permanent total incapacity (§34A, effectively for life), partial incapacity at 60% of the wage differential (§35, up to 260 weeks, extendable to 520 for permanent loss of function), permanent impairment via the statewide-wage multiplier schedule (§36), vocational rehabilitation, and death/dependency benefits. No pain and suffering under WC (trade-off of exclusive remedy).
Key Massachusetts Doctrines
Exclusive Remedy — Opt-Out at Hire: Employees are automatically deemed to have waived their common-law right to sue their employer UNLESS they give written notice at the time of hire (or within 30 days of the employer becoming insured) that they claim to preserve it — the reverse of the 'opt-in to WC' model used elsewhere. Third-Party Claims Preserved: Suits against non-employer third parties (contractors, equipment makers, property owners) are always allowed; the WC insurer holds a lien on the recovery up to what it paid, cannot pursue its own third-party suit until 7 months post-injury, and any recovery above the lien goes to the employee.
Damage Structure + Caps
Medical benefits (unlimited), wage replacement capped at $1,922.48/week and floored at $384.50/week (eff. 10/1/2025 — unless the employee's own AWW was already lower, in which case actual AWW is paid), specific-loss awards up to 96x the statewide AWW (≈$184,558 for loss of both eyes/arms/legs), disfigurement capped at $15,000, death/dependency benefits.
Massachusetts Workers' Compensation Verdicts + Averages
Recent Massachusetts workers' compensation benefits outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $625K | 2026 | DIA Case No. 29549-21 — Section 34A lump-sum settlement — Hand/forearm crush in a cement mixer; developed complex regional pain syndrome (CRPS) after unsuccessful surgery; permanent total disability claim filed before settlement |
| $450K | 2026 | Section 34A lump-sum settlement (WC portion of a $2.45M combined WC + third-party resolution) — Union carpenter — left ulnar nerve injury from falling wood planks; permanent clawing of nondominant hand; 40% permanent disability rating; deemed permanently and totally disabled |
| $11K | 2025 | Section 36 specific-loss settlement — Finger injury; also received approximately six months of Section 34 temporary total disability benefits |
| $24M | 2026 | Third-party negligence settlement (not a direct WC benefit — illustrates the §15 third-party-claim exception) — Third-degree burns over 65-70% of body after falling into a pool of scalding water while cleaning a 'superheater' at an energy facility |
| $3.3M | 2026 | Third-party negligence settlement plus full workers'-comp lien waiver (§15 exception in practice) — Acute quadriceps rupture from a fall on a loose gravel ramp at a construction site; two surgical procedures |
Massachusetts Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Massachusetts for 2026?
For injuries occurring between October 1, 2025 and September 30, 2026, the Massachusetts maximum is $1,922.48/week — 100% of the state average weekly wage (M.G.L. c. 152, §1(1); DIA Circular Letter 362). The minimum is $384.50/week (20% of SAWW), unless your own average weekly wage was already below that, in which case you receive your actual wage instead. Rates reset every October 1.
How long do I have to report my Massachusetts work injury?
Massachusetts requires notice to your employer or insurer 'as soon as practicable' after the injury (M.G.L. c. 152, §41) — there's no fixed day-count, but prompt written notice avoids disputes. You then have 4 years from the date you first became aware of the causal relationship between your disability and your job to file a claim for compensation; death claims must be filed within 4 years of death.
Can I sue my employer in Massachusetts in addition to workers' comp?
Almost never — Massachusetts uses an 'opt-out' exclusive remedy (M.G.L. c. 152, §24): by default, accepting employment WAIVES your right to sue your employer for a work injury, unless you gave written notice at the time of hire (or within 30 days of your employer buying WC insurance) that you wanted to preserve that right — very few workers do this. What you can almost always do is sue a third party who isn't your employer (a subcontractor, equipment manufacturer, property owner) under §15 — your WC insurer gets reimbursed from that recovery up to what it paid you, and you keep the rest.
What is a 'specific loss' award under Massachusetts workers' comp?
M.G.L. c. 152, §36 pays a lump sum for permanent loss of function to a specific body part — calculated as a fixed multiple of the statewide average weekly wage at the date of injury (not your own wage), paid on top of your regular wage-replacement benefits. Examples: loss of a hand = 34x SAWW (≈$65,364 at the current rate); loss of both eyes, arms, or legs = 96x SAWW (≈$184,558). Facial, neck, or hand disfigurement adds up to $15,000 separately.
Should I accept the first Massachusetts workers' comp settlement offer?
Rarely without review. Massachusetts lump-sum settlements require approval from a Department of Industrial Accidents administrative judge, who must find the deal adequate — but that review doesn't replace independent advice. Before signing, get an independent medical evaluation and consult a workers' comp attorney (fees are regulated under DIA's Circular Letter fee schedule, typically contingency-based). Recent DIA-approved settlements have ranged from roughly $11,000 for a specific-loss finger claim to $625,000+ for a permanent total disability claim — the gap comes down almost entirely to documented medical evidence.
Pending Massachusetts Workers' Compensation Issues
Active legal developments (as of April 2026):
- DIA Circular Letter 362 rates ($1,922.48 max / $384.50 min per week) are effective 10/1/2025-9/30/2026 only — DIA resets the SAWW-based max/min every October 1, so CL 363 will supersede these figures around October 1, 2026, roughly six weeks after this page was researched.
- Section 36's statewide-AWW multiplier locks in the SAWW from the injury's date — the ≈$65,364-$184,558 dollar examples on this page use the CURRENT (10/2025) SAWW and are illustrative only; an older claim uses that year's SAWW instead.
- DIA Circular Letter 362 also sets an attorneys' fee schedule and a Table I of annual COLA multipliers for older claim years — the exact fee tiers and year-by-year COLA percentages is not restated here — consult the source PDF directly.
- Massachusetts' Second Injury Fund (M.G.L. c. 152, §37/§65) status — whether it remains open to new employer-reimbursement claims — has not been independently confirmed and was left out of the statutes above.
- The $24M and $3.3M landmark figures are third-party tort settlements, not DIA-administered workers'-comp benefit awards — they demonstrate the §15 exception in practice but are not representative of typical WC lump-sum ranges, which the $11K-$625K DIA-approved settlements above better reflect.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-34
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-34a
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-35
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-36
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-24
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-41
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-15
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-29
- www.mass.gov/doc/c-l-362-cola-payment-and-reimbursement-schedules-and-requests-maximum-and-minimum-weekly-compensation-rates-attorneys-fees-schedule/download
- www.mass.gov/orgs/department-of-industrial-accidents
- masslawyersweekly.com/2026/05/11/construction-workers-hand-caught-in-cement-mixer
- masslawyersweekly.com/2026/06/12/wood-planks-fall-on-carpenter-working-on-shaft
- masslawyersweekly.com/2025/10/09/workers-compensation-settlement
- masslawyersweekly.com/2026/07/14/worker-cleaning-superheater-falls-into-pool-of-scalding-water
- masslawyersweekly.com/2026/05/18/iron-worker-falls-on-gravel-ramp-tears-quadricep
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview
All Workers' Compensation Calculators by State
Other Calculators for Massachusetts
Each Massachusetts calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Massachusetts verdict data where available.