Massachusetts workers compensation covers most workplace injuries — but it may not be your only option. Third-party claims can provide significantly more compensation.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Massachusetts workers compensation: report injury immediately. Personal injury claims against third parties: 3 years from the date of injury.
Massachusetts requires employers with one or more employees to carry workers' compensation insurance (M.G.L. c. 152). Massachusetts workers' comp provides medical treatment, temporary total incapacity benefits at 60% of average weekly wage (up to a maximum), permanent partial incapacity benefits and death benefits. Massachusetts has a Department of Industrial Accidents (DIA) that adjudicates disputed claims.
Massachusetts-Specific Tip
Massachusetts workers' comp disputes are heard by Administrative Judges at the Department of Industrial Accidents. Massachusetts has specific rules about the selection of treating physicians and Independent Medical Examinations (IMEs). The construction and healthcare industries account for the highest rates of serious workplace injuries in Massachusetts.
📊 Massachusetts's workers compensation system processes tens of thousands of claims annually. Third-party claims are frequently overlooked but can dramatically increase total recovery.
Report the injury to your supervisor in writing immediately
Seek medical attention immediately
File a workers compensation claim with your employer under Massachusetts law
Document all expenses, lost wages, and out-of-pocket costs
Evaluate whether any third party contributed to your injury
Contact a Massachusetts workplace injury attorney to evaluate all available claims
Massachusetts requires employers with one or more employees to carry workers' compensation insurance (M.G.L. c. 152). Massachusetts workers' comp provides medical treatment, temporary total incapacity benefits at 60% of average weekly wage (up to a maximum), permanent partial incapacity benefits and death benefits. Massachusetts has a Department of Industrial Accidents (DIA) that adjudicates disputed claims.
Generally workers compensation is the exclusive remedy against your direct employer. However you can still pursue third-party claims against any other party whose negligence contributed to your injury — contractors, equipment manufacturers, and property owners.
Even if your employer carries workers compensation, you can sue any third party whose negligence contributed to your injury. These third-party claims can include pain and suffering damages that workers comp does not cover, and can be pursued simultaneously with a workers comp claim.
No upfront cost. Contingency fees — you only pay if you win.
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