Workers’ compensation — or “workers’ comp” — is insurance that your employer is required by Massachusetts law to carry in case you get hurt on the job. Think of it as a safety net for working people. If you get injured while doing your job, workers’ comp is supposed to step in and pay for your medical treatment and cover a portion of your lost wages while you’re out. You don’t have to prove anyone screwed up or did something wrong. If the injury happened at work, or because of work, you’re generally covered.

Workers’ comp applies to almost every job in Massachusetts. Whether you’re working construction in Boston, driving a truck in Worcester, doing warehouse work in Springfield, fixing HVAC systems in Fall River, or working in a shop on the Cape, your employer has to carry this insurance. It starts on your very first day on the job — there’s no waiting period and no minimum work hours.

The workers’ comp system is “no-fault.” That means it doesn’t matter if you slipped, lifted something the wrong way, or made a small mistake that caused the injury. It also doesn’t matter if a co-worker accidentally caused the accident. Workers’ comp doesn’t look at blame — it just looks at whether you were hurt while working. This protects you from having to fight long battles or prove fault, and it protects your employer from getting sued every time someone gets hurt.

One of the biggest parts of workers’ comp is medical coverage. If you get injured on the job, the workers’ comp insurance company is supposed to pay for all the medical treatment that’s reasonable and necessary for your injury. That includes emergency room visits, follow-ups with your doctor, physical therapy, surgeries, MRIs and X-rays, prescription medications, and any medical equipment you need like braces or crutches. There are no co-pays, no deductibles, and no out-of-pocket costs for approved treatment — workers’ comp covers it at 100%.

Another major part of workers’ comp is wage replacement. If your work injury keeps you from doing your job, you may qualify for a weekly check. Usually, this is about 60% of your average weekly wages. This helps you stay afloat while you recover. If you can work but can only handle a lighter job that pays less, workers’ comp might pay you partial disability benefits to make up for some of the lost income.

In more serious cases where someone can’t return to any type of work at all, workers’ comp may provide permanent disability benefits, which can continue for life. There are also extra payments for certain types of permanent injuries — like loss of function in a body part or serious scarring — depending on where the injury happened.

If you can’t go back to the type of work you were doing before because of your injury, workers’ comp may also help pay for vocational rehabilitation, which includes training or help finding a new kind of job that fits your medical restrictions.

Everything in the workers’ comp system is overseen by the Department of Industrial Accidents (DIA), which has offices across the state. If the insurance company denies your claim, stops your checks, or refuses your medical treatment, your case can go through the DIA’s dispute process. This includes meetings, conferences, hearings, and possibly appeals. It’s not something most people deal with every day, which is why many workers get help when things get complicated.

Overall, workers’ compensation is there to protect you. If you’re hurt at work, it helps make sure you can see a doctor, get the treatment you need, and still have money coming in while you recover. It exists so that hardworking people across Massachusetts don’t get left without support just because an injury happened on the job. Workers’ comp is about keeping you safe, getting you medical care, and helping you get back on your feet.

Workers’ compensation insurance is something your employer is required by Massachusetts law to pay for, not you. As a worker, you never pay a dime toward workers’ comp insurance, and nothing gets taken out of your paycheck for it. Think of it like this: workers’ comp is part of the cost of doing business, just like paying the electric bill, buying tools, or keeping the lights on. The responsibility is always on the employer, whether they run a big company in Boston or a small shop in Fall River.

Every employer in Massachusetts—construction companies, factories, trucking companies, restaurants, landscapers, nursing homes, you name it—has to carry workers’ comp insurance for their employees. It doesn’t matter if you’ve been there one day or ten years. The coverage starts the moment you begin working. If you get hurt the first hour on the job, you’re still covered.

Most employers buy this insurance from a private insurance company. Some of the big insurers write a lot of these policies, like Travelers, Liberty Mutual, The Hartford, and others. If an employer can’t get regular coverage—maybe because they’ve had too many claims or they work in a dangerous industry—they still can’t avoid buying insurance. In that case, they get placed into what’s called the Assigned Risk Pool, which is basically a state-run program that makes sure even “high-risk” employers still have coverage. Bottom line: the law doesn’t let employers skip out.

Workers’ comp insurance isn’t optional. If a company tries to avoid carrying it, they can face some serious problems. The Massachusetts Department of Industrial Accidents (DIA) sends investigators to job sites across the state—from Worcester to Springfield, from Brockton to the Cape—to crack down on uninsured employers. If the DIA catches a business operating without workers’ comp insurance, the owner can be fined thousands of dollars, shut down on the spot, and in some cases even face criminal charges. The state takes this very seriously because they don’t want injured workers getting stuck with medical bills.

And here’s something a lot of workers don’t realize: you never owe the insurance company anything for the medical treatment they pay for. You don’t get billed, you don’t get asked for co-pays, and you don’t have to fight with your own health insurance. Workers’ comp is supposed to pick up the entire bill for all approved medical treatment related to your injury.

Workers’ comp insurance also pays for your lost time benefits if you can’t work because of your injury. The checks usually come from the insurance company, not the employer directly. The employer pays the premiums, the insurance company handles the claims.

Now, if the employer refuses to give you their insurance information or lies and says they don’t have workers’ comp, don’t panic. You can look up your employer’s insurance coverage through the DIA’s website. Every legitimate employer in Massachusetts has a record of their coverage posted there. And if it turns out they really don’t have coverage at all—which is illegal—the state’s Workers’ Compensation Trust Fund steps in and pays your benefits, just like a private insurance company would. The employer still gets hit with penalties, but you won’t be left without coverage.

In simple terms:

• You do NOT pay for workers’ comp insurance.
• Your employer MUST pay for it.
• If they don’t, the state steps in to protect you.

The whole point of this system is to make sure that hardworking people in Massachusetts—construction crews, machinists, nurses, mechanics, drivers, warehouse workers, tradespeople, and everyone else—never get stuck without help after getting hurt at work. Workers’ comp is paid for by employers so injured workers don’t have to worry about losing their paycheck or getting buried in medical bills. That’s the deal the law makes: you do the work, they cover the risk.

Workers’ compensation in Massachusetts is run and overseen by a state agency called the Department of Industrial Accidents, or the DIA for short. Think of the DIA as the “workers’ comp headquarters” for the whole state. They make sure the system runs the way it’s supposed to, and they step in whenever there’s a disagreement between a worker and the insurance company.

The DIA isn’t an insurance company, and it doesn’t pay your benefits. Instead, it acts like the referee. If you get hurt on the job and file for workers’ comp, the insurance company decides whether to accept or deny your claim. If they deny it or cut off your checks, the DIA is where the two sides go to sort out the fight. The DIA has rules, judges, courtrooms, paperwork, and procedures — all designed to make sure both sides follow the law.

The DIA has offices across Massachusetts so workers everywhere can get help without having to travel far. There’s the main office in Boston, and four regional offices in Fall River, Springfield, Lawrence, and Worcester. If you live in Taunton, Brockton, the Cape, or anywhere else, you’ll usually be assigned to the DIA office closest to your home. That’s where your meetings, conferences, and hearings will happen if your case becomes a dispute.

Here’s what the DIA actually does:

When the insurance company denies your claim, won’t approve medical treatment, or stops your checks, the DIA steps in. The process usually starts with something called a conciliation, which is basically a meeting between you, the insurance company, and a DIA staff member. If that doesn’t fix things, your case goes to a conference, which is like a mini-hearing in front of a judge. If the issue still isn’t resolved, you can go to a full hearing, which is more like a trial.

Sometimes, when there’s a disagreement about your medical condition — like whether you’re disabled or whether your injury is work-related — the DIA sends you to an independent doctor for what’s called a Section 11A impartial exam. This doctor isn’t on your side or the insurance company’s side. They’re supposed to give the judge an unbiased opinion about your injury.

If you and the insurance company agree to a lump-sum settlement, it has to be approved by a DIA judge. The judge’s job is to make sure the settlement is fair and that you understand what rights you’re giving up.

The DIA also has a division that makes sure employers carry workers’ comp insurance. If an employer is caught without insurance, they can be fined heavily, shut down, or even criminally charged. This keeps the system fair for workers. The DIA also helps enforce workplace safety rules, working with other agencies when needed.

If you’re hurt so badly that you can’t go back to your old job, the DIA’s Office of Education and Vocational Rehabilitation may help connect you with job-training programs, new skills, or other work opportunities that match your physical abilities.

The DIA keeps track of workers’ comp claims, medical reports, forms, and decisions. They also monitor insurance companies to make sure they follow the law and treat injured workers fairly.

Even though the DIA handles disputes, you don’t need to be a lawyer or know a bunch of legal terms to deal with them. The process can feel confusing at first, but the DIA is there to make sure both sides follow the rules. Most working people in Massachusetts — construction workers, truck drivers, warehouse workers, nurses, electricians, plumbers, mechanics, landscapers, and everyone else — only deal with the DIA if the insurance company fights their claim.

In short, the DIA makes sure the workers’ comp system runs the way it’s supposed to. They keep employers honest, regulate insurance companies, and help injured workers get a fair shake when there’s a dispute. They’re the referee, the record-keeper, and the rule-enforcer, all rolled into one.

Workers’ compensation in Massachusetts exists for one main reason: to help you get the medical care and financial support you need after a workplace injury. Whether you work construction, drive a truck, climb ladders, stock shelves, run machines, work in a shop, or do any other hands-on job, workers’ comp is supposed to make sure you don’t lose everything just because you got hurt doing your work.

There are several different types of benefits under workers’ comp. Some cover lost wages, some cover medical treatment, and others help you if you can’t return to the same job. Here’s a clear breakdown of the main benefits the system provides.

This is the foundation of workers’ compensation. If you’re hurt on the job, workers’ comp must pay for all reasonable and necessary medical treatment related to your injury. You don’t pay co-pays, deductibles, or out-of-pocket costs.

This includes:

• ER visits and urgent care
• Doctor appointments and specialists
• X-rays, MRIs, CT scans
• Physical therapy and chiropractic care
• Surgery
• Medications
• Injections and pain management
• Medical equipment (braces, crutches, boots, etc.)
• Mileage reimbursement for travel to medical visits

If the treatment is related to your work injury and your doctor says you need it, workers’ comp is supposed to pay.

If your injury knocks you out of work completely — whether for a week, a month, or a year — workers’ comp pays you a weekly check under Section 34 benefits.

This is usually about 60% of your average weekly wage.

So if you usually earn $1,000 per week, your comp check will be around $600 per week. These checks continue for up to three years, as long as your doctor says you can’t work.

If you can go back to work but can only handle a lighter job or fewer hours, workers’ comp pays Section 35 partial disability benefits to make up part of the difference.

For example:

• Before injury: $1,200/week
• Light-duty job after injury: $700/week
• Lost wages: $500/week
• Section 35 pays up to 60% of that lost amount

These benefits can last up to five years depending on your situation.

If your injury is so severe that you cannot return to any kind of work, even light duty, you may qualify for Section 34A permanent and total disability benefits.

These benefits last for life and include:

• Weekly payments
• Ongoing medical treatment
• Certain cost-of-living increases (COLA)

Lifetime benefits apply to the most serious injuries — amputations, spinal cord injuries, traumatic brain injuries, severe chronic pain, and others that prevent you from ever holding a job again.

This is a lump-sum payment for permanent damage to a body part. Examples:

• Loss of function in your shoulder, knee, hand, or back
• Limited range of motion
• Permanent weakness
• Scarring on the neck, face, or hands
• Surgical scars

The amount depends on which body part was injured and how serious the damage is.

If a worker dies because of a work-related injury or illness, the worker’s spouse and dependent children may receive weekly benefits and payment for burial expenses. These benefits help families stay financially stable after a tragic loss.

If your injury prevents you from going back to your old job, workers’ comp may provide job-training help. This can include:

• Learning new skills
• Resume help
• Job placement
• Certification programs

It’s meant to get you back into the workforce in a job your injury still allows you to do.

Workers’ comp covers:

• Your medical care
• Part of your lost wages
• Permanent injuries
• Death benefits for families
• Job retraining if needed

The system is there so you don’t lose your paycheck, your benefits, or your health coverage while you’re trying to recover from a work injury. It’s meant to protect hardworking people all across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, and the Cape.

If you get hurt on the job in Massachusetts, one of the first things you might wonder is: “Who is my employer’s workers’ comp insurance company?”
This is important because the insurance company — not your boss — is the one responsible for paying your medical bills and weekly checks if you’re out of work.

The good news is that finding out who insures your employer is usually pretty simple, and the law gives you a few different ways to get that information.

By law, every employer in Massachusetts has to put up a Workers’ Compensation Notice to Employees somewhere clearly visible in the workplace. Most of the time you’ll find it:

• In the breakroom
• Near the time clock
• In the HR office
• Near the entrance or loading dock
• On a safety bulletin board

This poster must include:

• The workers’ comp insurance company’s name
• The policy number
• The insurer’s phone number
• Who to contact to report an injury

If you work in construction, manufacturing, warehousing, trucking, landscaping, food service, or any other blue-collar job, chances are the poster is up somewhere — even if it’s buried under other paperwork.

If you want to know who the insurer is, start with the poster. Take a picture of it so you have the info handy.

If you can’t find the poster — or if it looks outdated — you can ask your boss, foreman, HR department, or supervisor. They are legally required to give you the insurance information when you ask for it.

It doesn’t matter if:

• You just started working
• You’re part-time or full-time
• You’re injured or just want to know for peace of mind

Employers must tell you who insures them.

Most will give you the information right away. If they don’t, or they seem nervous, that’s often a red flag — but it still doesn’t stop you from getting the information another way.

Massachusetts makes it easy for workers to search for insurance information.
The state has a public tool called the:

You can find it on the DIA website. All you need is:

• The company’s name
• The town or city they’re located in (Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, etc.)

Once you enter the info, the system will show:

• The insurance company’s name
• Policy number
• Policy dates
• Whether the policy is active
• Any breaks in coverage

This tool is extremely helpful, especially if you think your employer is hiding something or refusing to cooperate.

Workers all over Massachusetts — from Cape Cod to the Merrimack Valley to central Mass — use this tool to confirm coverage.

Sometimes an employer illegally skips workers’ comp insurance to save money. This is more common in:

• Construction
• Roofing
• Landscaping
• Small shops
• Restaurants
• Day labor situations

If you look up your employer and they don’t have insurance, don’t panic. You are still covered.

Massachusetts has a backup program called the:

This fund pays your:

• Medical bills
• Wage-loss checks
• Permanent injury benefits

It works just like a regular insurance company would.
The employer may get fined or shut down — but you still get your benefits.

Knowing who insures your employer is important because:

• You need to report your injury to the right insurance company
• Your medical bills must be sent to the correct place
• If the insurer denies your claim, you need to know who you're fighting
• The DIA and doctors will ask for this information

The sooner you know the insurer, the smoother the process tends to go.

Here’s the simple breakdown:

• Your boss MUST have workers’ comp insurance.
• They MUST tell you who the insurer is if you ask.
• The information MUST be posted at work.
• You can ALWAYS look it up yourself.
• Even if they don’t have insurance, you’re STILL protected by the state.

Workers’ comp exists so hardworking people across Massachusetts don’t get left in the dark when they get hurt — and knowing who the insurer is helps make the process smoother and less stressful.

If you get hurt on the job in Massachusetts, one of the worst things you can hear from your boss is: “We don’t have workers’ comp.”
But here’s the truth — even if they don’t have insurance, YOU are still protected. The law makes sure of it.

Some employers try to dodge the cost of workers’ compensation insurance because they think they’ll save money. But skipping insurance is illegal in Massachusetts, and the state has built-in protections so workers don’t get stuck with medical bills or lose their paychecks just because an employer broke the law.

Here’s exactly what happens — in plain English — if your employer does not carry workers’ comp.

If your employer doesn’t have insurance, the state steps in through a special program called the:

The Trust Fund basically acts like the insurance company for uninsured employers. It pays for:

• All medical treatment for your injury
• Weekly disability checks if you can’t work
• Partial disability benefits if you return to light duty
• Permanent injury benefits (Section 36)
• Death benefits for dependents
• Vocational rehabilitation if you can’t return to your old job

From your point of view, it works the same way as a regular workers’ comp claim.
You do not get less, and you do not lose any rights.

The state punishes the employer, not the employee.

If the DIA finds out your employer had no coverage, the company can face:

• Heavy fines
• Loss of their business license
• A shutdown order
• Criminal charges in serious cases
• A lawsuit from the state to pay the Trust Fund back

None of this affects your right to benefits.
The employer’s decision to break the law does not reduce what you receive.

If you get hurt and your employer has no insurance, here’s how it usually works:

1. You file an Employee Claim Form (Form 110) with the DIA.
2. The DIA confirms the employer has no policy on record.
3. The case gets assigned to the Trust Fund.
4. The Trust Fund handles your benefits just like an insurance company would.

This is common in certain industries where some employers try to cut corners, such as:

• Construction and roofing
• Masonry
• Landscaping
• Restaurants
• Auto shops
• Cleaning companies
• Small contracting businesses

But again — you’re still covered.

Normally, when workers’ comp insurance exists, you cannot sue your employer for negligence.
Workers’ comp replaces lawsuits.

But if the employer did not carry workers’ comp insurance, the law allows something different:

This lawsuit can include damages that workers’ comp never covers, such as:

• Pain and suffering
• Full wage loss (not just 60%)
• Emotional distress
• Future lost earnings
• Punitive damages in some cases

You still get your workers’ comp benefits through the Trust Fund — and you can sue the employer separately.

This is one of the few situations where both paths are open.

Some employers panic and say things like:

• “We don’t have workers’ comp.”
• “We’re covered under my friend’s company.”
• “You’re a contractor, not an employee.”
• “Don’t report this — we’ll take care of you.”
• “If the state finds out, we’ll all get in trouble.”

Most of the time, this is just fear or an attempt to avoid responsibility.

Here’s how to check for sure:

You can look up any employer in Massachusetts in seconds.
It will show:

• Whether they’re insured
• With which company
• The policy number
• Coverage dates

If the search shows no insurance, the Trust Fund becomes responsible for your benefits.

If your employer doesn’t have workers’ comp insurance:

• You are STILL covered
• Your medical bills are STILL paid
• Your weekly checks STILL come through
• The employer — not you — faces penalties
• You may also be able to sue them separately

Workers’ comp laws are designed to protect workers first, not employers.
No one should lose their health, their money, or their job security just because their employer didn’t follow the rules.

Workers across Massachusetts — in Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, the Cape, and everywhere in between — have the right to benefits even when an employer breaks the law.

When you get hurt on the job in Massachusetts and can’t work, your workers’ comp checks are based on something called your Average Weekly Wage, or AWW. This number is extremely important because it determines how much money you’ll receive each week while you’re out of work. The higher your AWW, the higher your weekly benefits.

A lot of people think the insurance company just picks a number or guesses what you earn. They don’t. The AWW is based on a specific formula set by Massachusetts law, and knowing how it works can help you make sure you’re getting paid correctly.

To figure out your AWW, the insurance company looks at what you earned during the 52 weeks (one full year) before your injury. They add up all your gross wages — meaning your pay before taxes — and then divide the total by 52.

This includes:

• Hourly wages
• Salary
• Overtime
• Bonuses
• Tips (if reported)
• Holiday pay
• Vacation pay
• Shift differentials

So if you earned $60,000 over the past 52 weeks, your AWW is:

$60,000 ÷ 52 = $1,153.85

This number is then used to calculate your weekly workers’ comp check.

If you worked less than a year before getting hurt — which is very common — they don’t divide by 52. Instead, they divide by however many weeks you actually worked.

Example:

You worked 20 weeks and earned $18,000.

$18,000 ÷ 20 = $900 AWW

You won’t get penalized for not working a full year.

A lot of blue-collar jobs have hours that go up and down. Construction slows down in winter. Landscapers work more in summer. Overtime shifts come and go.

The AWW formula smooths out those ups and downs by using the entire 52-week period. This usually helps workers because it accounts for busy seasons and overtime spikes.

If you were brand-new on the job — let’s say you only worked a few days or a couple of weeks — the law allows your AWW to be based on a similar employee who does the same type of work for similar hours and pay.

This protects workers from getting low checks just because they got hurt right after starting the job.

Some earnings do not count toward your AWW:

• Health insurance contributions
• Pension contributions
• 401(k) matches
• Per diem payments
• Expense reimbursements

These are not considered “wages” under the law.

Once your AWW is calculated, your weekly disability check is based on it.

You get 60% of your AWW.

If your AWW is $1,200, your check is:

$1,200 × 60% = $720 per week

If you’re working light duty and making less money, your check covers 60% of the difference.

Usually 66.67% of AWW with cost-of-living increases later on.

Long story short:
A small error in your AWW can cost you hundreds of dollars every week — and thousands over time.

It happens all the time.

Common problems include:

• Ignoring overtime
• Leaving out bonuses
• Miscounting weeks worked
• Dividing by 52 when they shouldn’t
• Not including holiday/vacation pay
• Misreading paystubs

If something seems off, you can challenge their calculation. You’re entitled to provide paystubs, W-2s, or payroll records to prove your correct earnings.

Massachusetts sets statewide limits every year.

• There is a maximum weekly benefit (changes every October 1).
• Some workers also qualify for a minimum payment, even if their wages were very low.

Your AWW is:

• Your average pay over the last year
• Including overtime, bonuses, and holiday pay
• Divided by the number of weeks you worked
• Used to calculate your weekly comp check

A correct AWW ensures you get the paycheck you deserve while you heal.

Workers across Massachusetts — in Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and the Cape — depend on this calculation to stay afloat after an injury.

A lot of hardworking people in Massachusetts work more than one job. You might drive a truck during the day and work security at night. Maybe you do construction during the week and pick up weekend shifts at a restaurant. Or you might work full-time in a factory and take on part-time landscaping or delivery work to help make ends meet.

So what happens if you get hurt while working one of those jobs?

Does workers’ comp include your income from the other job?

The answer is: sometimes — and when it does, it can make a big difference in how much money you get each week.

In Massachusetts, workers’ compensation can take into account the money you earn from both jobs — but only if certain rules are met. This is called concurrent employment.

If you qualify, the wages from your other job get added to your Average Weekly Wage (AWW), which increases your weekly workers’ comp check.

For example:

• Factory job: $900 per week
• Restaurant job: $300 per week

If you get hurt at the factory, your AWW might be based on $1,200, not $900.

That means your weekly comp check (usually about 60%) goes from:

• $540 per week → $720 per week

That extra $180 every week can be the difference between paying bills comfortably and falling behind.

To qualify for concurrent employment, both of your jobs must be covered under Massachusetts workers’ comp law.

This usually includes:

• Construction
• Trucking and delivery
• Warehousing
• Manufacturing
• Retail
• Restaurants
• Medical and home-care work
• Landscaping
• Municipal jobs (town/city workers)

You’re good as long as both employers carry workers’ comp — which almost every legit business in MA is required to have.

Concurrent employment cannot use income from:

• Cash-only, off-the-books jobs
• Jobs where you’re treated as an “independent contractor” (even if you shouldn’t be)
• Out-of-state jobs not covered under MA law
• Side hustles with no payroll records
• 1099 work where you’re not considered an employee

If there’s no payroll record, the insurance company will not count it.

If your second job pays you legally — W-2, taxed, recorded hours — then you’re in good shape.
You will need to show:

• Pay stubs
• W-2 forms
• Tax returns
• Bank deposit records (sometimes)

If your second employer keeps sloppy records, or pays cash under the table, those earnings won’t count toward your AWW.

Without counting the second job, your AWW might look much lower than what you really earn.

Here’s a real-world example:

You work:

• Construction during the day (main job)
• Restaurant on weekends (second job)

You get hurt on a construction site.
Without concurrent employment, they might say your AWW is $1,000.

With concurrent employment included, your AWW might be $1,400 or more.

And your weekly comp check jumps from:

• $600/week → $840/week

Over months or years, that adds up fast.

Your second job does not need to be full-time.

Workers who commonly qualify:

• UPS drivers with weekend warehouse jobs
• CNAs with home-care side work
• Mechanics who work part-time at auto shops
• Retail workers with bartending jobs
• Laborers doing part-time snow removal

The law cares about earnings — not hours.

If your injury only prevents you from doing one job — but you can still physically perform the other — things get more complicated.

Examples:

• Hurt roofing → cannot climb, but can still do light retail shifts
• Hurt manufacturing → cannot lift, but can still work the register
• Hurt landscaping → cannot do outdoor work, but can still do delivery driving

In situations like this, your AWW may include both jobs, but the insurance company may try to lower your weekly check based on what you can earn.

Concurrent employment helps protect workers who hold more than one job — which is extremely common across Massachusetts. If you qualify, your workers’ comp checks may be hundreds of dollars higher each week.

Here’s the simple summary:

• You can include income from multiple jobs
• Both jobs must be legal, insured, and covered under MA law
• Wages must be on the books
• Higher total income = higher weekly benefits
• This rule helps protect thousands of workers who hustle to make ends meet

Workers across Massachusetts — in Boston, Worcester, Lawrence, Springfield, Fall River, Brockton, Taunton, and Cape Cod — benefit from this rule every year.

When you get seriously hurt on the job, sometimes the injury is so bad that you can’t go back to any kind of work — not light duty, not part-time, not sit-down work, nothing. When that happens, you may qualify for something called Permanent and Total Disability benefits, often called Section 34A benefits in Massachusetts.

If you’re approved for Permanent and Total Disability (PTD), the big question most workers have is simple:

For most workers who qualify, the answer is basically yes — these benefits usually continue for the rest of your life. But there are things you need to know about how the system works and what can affect those payments.

Let’s break it down in simple, real-world language.

Permanent and Total Disability is for workers who cannot return to any kind of work at all — not just the job they were doing when they got hurt.

This means:

• You can’t perform physical labor
• You can’t do light duty
• You can’t do desk work
• You can’t work part-time
• You can’t work in any job that exists in the Massachusetts economy

The decision is based on your injury, your age, your work history, your education, your physical limits, and your doctor’s medical opinion.

Workers who qualify usually have very serious injuries like:

• Severe back or neck injuries
• Traumatic brain injuries
• Loss of use of major limbs
• Major spinal damage
• Severe nerve injuries
• Chronic pain that never improves
• Debilitating psychological trauma
• Multiple injuries that add up to total disability

Once you’re approved for PTD benefits, you receive weekly checks for life, unless something major changes.

These weekly checks usually equal two-thirds (66.67%) of your Average Weekly Wage, with certain cost-of-living increases that can kick in after a few years.

That’s a lifelong safety net for workers whose injuries completely took them out of the workforce.

Yes — but it’s not easy for them.

Even though benefits are “permanent,” the insurance company has the right to review your medical condition from time to time. They can send you to an Independent Medical Exam (an IME) to see if they believe you’ve improved.

However, to cut off your benefits, the insurance company must:

1. Get medical evidence saying you can work again,
2. File a formal complaint with the DIA, and
3. Convince a judge that you are no longer permanently disabled.

This is a high bar. Judges don’t take away PTD benefits unless there’s clear proof that the worker has made a major recovery.

For most workers with serious, life-changing injuries, this never happens.

If your condition worsens — which is common for serious injuries — your benefits stay the same or may even be protected by cost-of-living adjustments. You don’t lose anything if your medical situation gets worse.

No.
PTD means you are not able to perform any work. If you start working again — even “under the table” — you risk:

• Losing your benefits
• Paying back benefits
• Getting charged with fraud

PTD is only for people who cannot work at all.

Along with weekly checks, your medical treatment stays covered for life, as long as the treatment is related to your original work injury.

This includes:

• Pain management
• Physical therapy
• Surgeries
• Medication
• Medical equipment
• Injections
• Specialist visits

Some workers get lifelong medical support paid by workers' comp.

If you qualify for Permanent and Total Disability in Massachusetts:

• Your weekly checks normally last for life
• Your medical benefits also last for life
• The insurance company can review your case, but it’s hard for them to stop benefits
• Your condition must improve dramatically before a judge would ever cut benefits off
• You cannot work while receiving PTD benefits

For thousands of workers across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — Permanent and Total Disability benefits are a lifeline that provides financial security after life-changing workplace injuries.

When you get hurt on the job in Massachusetts, the first big question is whether your injury is considered “compensable.” In plain English, that just means:
Does workers’ comp cover it, and will the insurance company have to pay?

The good news is that the rules in Massachusetts are pretty worker-friendly. You don’t need to prove anyone messed up or caused the accident. Workers’ comp is a no-fault system, which means if the injury happened because of your job, you’re usually covered.

Here’s a down-to-earth explanation of how the state decides whether your injury counts as a workers’ comp injury.

This is the first part of the test.

“Arising out of the job” means the injury was caused by your work, or something about your job put you at risk.

Examples that do arise out of the job:

• Lifting heavy materials and hurting your back
• Slipping on a wet floor at work
• A tool or machine malfunctioning and injuring your hand
• Getting hurt while carrying supplies, climbing ladders, or loading trucks
• Getting hit by equipment
• Inhaling chemicals or dust at your job site
• Getting repetitive strain injuries from doing the same motion over and over

It doesn’t matter if the accident happened because you weren’t paying attention, rushed something, or made a mistake. If the job placed you in that situation, the injury arose out of the job.

This is the second part of the test.

“In the course of employment” mainly means you were:

• On the clock
• On your employer’s property
• Doing your job
• Doing something your employer asked you to do
• Doing something that benefits the employer
• Working off-site on a job you were assigned

If you were working when it happened — you’re probably covered.

Examples of injuries that usually happen “in the course of employment”:

• Falling off scaffolding on a construction site
• Twisting your knee while lifting boxes in a warehouse
• Getting into a vehicle crash while driving for work
• Slipping in the kitchen at a restaurant
• Hurting your shoulder while moving equipment
• Getting injured at a customer’s home if you’re an installer or repair tech

Even if you were off the employer’s property — if you were working for them, you’re covered.

A lot of people think workers’ comp only covers sudden injuries. That’s not true.

Massachusetts also covers:

• Injuries that build up over time
• Repetitive motion injuries
• Wear-and-tear injuries caused by work
• Aggravations of old injuries
• Conditions that slowly get worse from long-term work activity

Examples:

• Back pain from years of lifting
• Knee damage from climbing stairs or ladders
• Shoulder injuries from overhead work
• Carpal tunnel from repetitive hand motions
• Tendonitis from using tools or machinery

If your job aggravates, worsens, or accelerates a medical condition, workers’ comp covers it — even if you were already dealing with that issue before.

Massachusetts is very clear about this:

If work makes a prior condition worse, the new injury is still compensable.

Examples:

• You had mild back pain → work injury turns it into a serious problem
• You had an old knee issue → twisting it at work makes it much worse
• You had arthritis → repetitive motions at work flare it up

Workers’ comp does NOT make you prove that work was the only cause — just that work was a major cause of your current disability.

These can be covered too — but the rules are stricter.

Workers' comp does cover emotional injuries caused by things like:

• A traumatic accident at work
• Workplace violence
• A robbery or assault while working
• Witnessing a serious injury or death at work

However, normal workplace stress — like being yelled at, written up, or fired — usually does not qualify.

To sum it up, an injury is compensable if:

• Work caused it
  OR
• Work significantly worsened it

AND

• It happened while you were doing your job

You don’t need to prove fault. You don’t need to show the employer did something wrong. If the job caused the injury — or made something worse — you are protected under Massachusetts workers’ comp laws.

This rule protects hardworking people throughout the state — construction crews, truck drivers, warehouse workers, electricians, roofers, plumbers, CNAs, cooks, landscapers, mechanics, and countless others — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod.

Excellent — moving forward to Section 11.

Here is your full ~650-word, blue-collar-friendly version of:

A lot of people think workers’ comp only covers injuries that happen in one big moment — like falling off a ladder, dropping something heavy on your foot, or getting hurt in a machine accident. While those injuries are definitely covered, that’s not the only way you can qualify for workers’ compensation.

In Massachusetts, an injury does NOT have to happen in a single moment, in a specific place, or at a specific time. Plenty of work injuries happen slowly, gradually, or from doing the same type of work over and over again. These injuries are just as real — and just as compensable — as the sudden, dramatic ones.

Let’s break it down so it makes sense.

If you get hurt in one clear moment, it’s usually easy to see why workers’ comp applies.

Examples include:

• Slipping on a wet floor
• Falling from a ladder or scaffold
• Getting struck by a tool or piece of equipment
• Hurting your back while lifting something heavy
• Getting hurt in a company vehicle accident
• Getting burned, cut, or caught in machinery

These are classic “specific event” injuries.
You know exactly when and where it happened.

Workers’ comp definitely covers these injuries.

Many work injuries don’t happen in one moment. Instead, they develop gradually because of the type of work you do every day.

Massachusetts law fully recognizes these injuries.

These are called repetitive stress injuries, cumulative trauma, or wear-and-tear injuries.

Examples include:

• Back pain from years of heavy lifting
• Knee problems from constant climbing, kneeling, or squatting
• Shoulder injuries from overhead work (roofing, drywall, electrical)
• Carpal tunnel from repetitive hand motions
• Tendonitis from using vibrating tools
• Hip or spine issues from years of hard physical labor

You might not know the exact moment you got hurt — and that’s okay.
Workers’ comp still applies.

This is very common.

Sometimes the pain doesn’t hit until:

• Later that night
• The next morning
• After a weekend
• After months of repetitive work
• After years of wear and tear

You don’t need to know the exact second the injury happened.
As long as the injury was caused by the job, workers' comp can cover it.

Let’s say you hurt your back years ago outside of work.
Now you have a job that involves:

• lifting
• bending
• twisting
• carrying
• climbing
• repetitive motion

If your work aggravates that old condition and makes it worse, that is considered a new work injury under Massachusetts law.

Even if the insurance company tries to blame “your old injury,” it does not matter.
If work made it worse — it’s compensable.

A lot of workers worry because:

• No one saw the accident
• There’s no video
• They didn’t report it immediately
• The pain didn’t start until later

These things do not stop you from qualifying.

Many legitimate work injuries are unseen, unwitnessed, or develop gradually.

Massachusetts workers’ comp does not require witnesses.

Some workers get sick because of the conditions they work in.

Examples:

• Breathing in dust, chemicals, or fumes
• Exposure to mold or cleaning chemicals
• Long-term exposure to loud noises
• Working in extreme heat or cold

These illnesses often develop slowly, but they’re still covered under workers’ comp.

Make no mistake — insurance companies prefer injuries with:

• A specific date
• A specific time
• A specific moment

Because they’re easier for them to understand and harder for them to deny.

Gradual injuries, wear-and-tear injuries, and repetitive injuries?

They deny these all the time — not because they aren’t real, but because they know gradual injuries are harder for workers to explain.

But Massachusetts law is on your side here.
Gradual injuries are absolutely compensable.

Your injury does not have to:

• Happen in one moment
• Occur at one exact time
• Happen in one specific place
• Have a witness
• Have a video

Workers’ comp covers:

• Sudden accidents
• Gradual injuries
• Wear-and-tear injuries
• Repetitive stress injuries
• Aggravations of old injuries
• Occupational illnesses

If your job caused the injury — or made something worse — then the injury is compensable in Massachusetts.

This protects workers all across the state — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — who work hard every day and deserve full coverage when the job takes a toll on their body.

A lot of hardworking people have old injuries or medical problems long before they get hurt at work. Maybe you hurt your back years ago lifting something heavy. Maybe you have arthritis from years of physical labor. Maybe you tore something playing sports in your younger days. Or maybe your joints, knees, or shoulders have just worn down over time.

So what happens if you already had an issue — and then your job makes it worse?

Here’s the important thing to know:

You don’t lose your rights just because you weren’t perfectly healthy before the accident. The law is designed to protect real working people, not punish them for having old injuries.

Let’s walk through how it works.

Insurance companies love to say:

• “This was pre-existing.”
• “This is just age-related.”
• “You already had arthritis.”
• “Your back was bad before the accident.”

They say this because they want to avoid paying.

But Massachusetts law is crystal clear:

This means:

• Work doesn’t need to be the only cause
• Work doesn’t need to be the main cause
• Work just needs to be a major contributing cause

For many workers, that’s exactly what happens. The job takes a bad situation and makes it worse.

Workers’ comp cases involving pre-existing issues are extremely common in jobs like construction, trucking, warehousing, manufacturing, health care, food service, and landscaping.

The most common aggravated conditions include:

• Degenerative disc disease (normal spine wear-and-tear)
• Arthritis in knees, hips, or shoulders
• Old back injuries
• Prior knee or shoulder tears
• Carpal tunnel symptoms
• Old work injuries that never fully healed
• Previous sports injuries

The insurance company will often try to blame everything on “degeneration,” “aging,” or “wear and tear.”

But if work activity made the condition worse, the law still protects you.

An aggravation means your job has caused:

• Increased pain
• New symptoms
• Worsening of a prior injury
• Loss of movement
• Loss of strength
• Need for surgery
• New disability from work

Here are real examples of aggravations:

• Lifting a heavy object and triggering severe back pain
• Repetitive overhead work making shoulder arthritis worse
• Kneeling or squatting making knee conditions flare up
• Long driving jobs worsening chronic neck or back problems
• Repetitive gripping and tool use worsening carpal tunnel

These all count as new work-related injuries in Massachusetts.

No.

A lot of workers don’t know the exact moment things got worse.
Maybe the pain slowly increased. Maybe it hit suddenly. Both situations are covered.

Even if you say:

• “It flared up over the last few weeks,” or
• “My job makes it worse every day,”

you can still qualify.

If your old injury came from a previous job, the standard is even easier.

In that case, the insurer only needs to prove that your current job “contributed” to the new problem — not that it was the major cause.

So if you hurt your back years ago at one job, and now your new job makes it worse, your new employer’s insurance can still be responsible.

With pre-existing conditions, your doctor’s opinion is extremely important.

The doctor needs to explain:

• What your old condition was
• How work made it worse
• How the job activities contributed
• Why your current symptoms or disability are work-related

Doctors do this every day. It’s a normal part of workers’ comp claims.

Because pre-existing conditions are so common, insurance companies deny these claims more often than they deny accident cases. They like to argue:

• “It’s just aging.”
• “It’s just wear and tear.”
• “This would have happened anyway.”

But Massachusetts judges regularly approve these claims because the law clearly supports workers when work activity aggravates old problems.

Here’s the simple truth:

• You do NOT need to be perfectly healthy to get workers’ comp.
• Old injuries do NOT disqualify you.
• Age-related conditions do NOT disqualify you.
• If work makes things significantly worse, it’s covered.
• Aggravations are treated as new injuries under Massachusetts law.

This protection helps workers across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — who are already dealing with physical wear and tear before the job pushes their body past its limit.

Most people think workers’ comp only covers physical injuries — things like broken bones, back injuries, cuts, burns, or lifting accidents. But the truth is, not all work injuries can be seen on an X-ray. Some injuries affect your mind, not just your body. And in Massachusetts, emotional and psychological injuries can be covered under workers’ compensation.

The rules are stricter and the insurance companies fight these cases hard, but the law does protect workers who suffer mental or emotional trauma because of their job.

Here’s how it works, in plain English.

To qualify for workers’ comp for a psychological injury, the law requires two things:

1. A stressful or traumatic event (or series of events) must have happened at work, and
2. That work event must be the predominant cause of your emotional condition.

“Predominant cause” basically means the main reason you’re struggling mentally is because of something that happened on the job — not your personal life, not family stress, not outside problems.

Massachusetts does cover these types of injuries when the cause is truly work-related.

Insurance companies deny these claims a lot, but many types of work-related emotional injuries do qualify.

Here are common situations where workers may be covered:

• Witnessing a coworker get seriously injured or killed
• Being involved in a devastating workplace accident
• Seeing something graphic on the job
• Experiencing a near-death incident

• Being assaulted at work
• Being robbed at gunpoint
• Being attacked by a patient, customer, or client
• Being threatened repeatedly while working

Not normal everyday job stress — but sudden, extreme stress such as:

• Being trapped in a dangerous situation
• Handling a major emergency
• Working through a horrific incident
• First responders dealing with traumatic scenes

These cases are recognized as legitimate workplace mental injuries.

Massachusetts does not cover emotional injuries caused by normal workplace actions called “bona fide personnel actions.”

This includes:

• Being fired
• Getting written up
• Being suspended
• Being disciplined
• Getting demoted
• Having your hours cut
• Being yelled at by a boss
• Not getting a promotion
• Personality conflicts with supervisors

These situations might be stressful and unfair, but Massachusetts law does not treat them as workers’ comp injuries.

This rule applies statewide — Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, Cape Cod — everywhere.

This is extremely common.

A serious physical injury can lead to:

• Depression
• Anxiety
• Fear of returning to work
• Post-traumatic stress
• Sleep problems
• Loss of confidence
• Panic attacks
• Stress from chronic pain

If these emotional problems stem from your physical injury, they are automatically covered as part of your workers’ comp claim — no special rules required.

For example:

• You fall from a ladder and develop PTSD
• Your back injury causes depression
• You get seriously hurt by a machine and now have panic attacks
• Chronic pain causes anxiety or emotional distress

These mental health issues are part of the injury, and workers’ comp must pay for treatment.

If your emotional or psychological injury is work-related, workers’ comp pays for:

• Therapy
• Counseling
• Psychiatric care
• Medications
• Mental health evaluations
• Inpatient or outpatient treatment (if necessary)

Workers’ comp covers all reasonable and necessary treatment related to the injury.

For psychological injuries, your doctor or therapist must explain:

• What event or situation at work caused your condition
• Why work was the predominant cause
• How the condition affects your ability to work
• What treatment you need

Without strong medical support, the insurance company will deny the claim.

But with solid medical evidence, these claims are very winnable.

Psychological injuries are just as real as physical ones, and Massachusetts workers’ comp does protect you — but only when the cause is truly work-related.

Workers’ comp covers emotional injuries caused by:

• Traumatic events
• Violence or threats
• Extreme emergencies
• Severe accidents
• Physical injuries that lead to depression or anxiety

Workers’ comp does not cover emotional issues caused by:

• Getting fired
• Getting disciplined
• Being yelled at
• Personality conflicts
• Typical workplace stress

If your mental health injury came from something that happened on the job — not normal workplace drama — you are protected under Massachusetts workers’ comp law.

.

Heart attacks and strokes are some of the most serious medical emergencies a worker can experience. They can come out of nowhere, and they can change your life in an instant. Many workers wonder whether something this severe — and sometimes unpredictable — is covered by workers' compensation.

The answer is:

but they depend heavily on the facts, medical evidence, and what you were doing at work around the time the medical event happened.

Let’s break it down in a straightforward way.

Most people who suffer a heart attack or stroke already have some risk factors:

• High blood pressure
• Stress
• High cholesterol
• Diabetes
• Extra weight
• Family history
• Smoking
• Age

The insurance company loves to blame everything on these factors.

But here’s what Massachusetts law says:

Work just needs to be a significant part of the cause — not the only cause.

That’s an important difference.

A heart attack or stroke can be work-related if something at the job pushed your body past its limit or increased your stress or strain.

Common examples include:

• Lifting heavy materials
• Shoveling
• Carrying equipment
• Using tools that strain your body
• Climbing ladders or stairs
• Intense physical labor in construction, roofing, landscaping, or warehousing

• Heat stress from working in high temperatures
• Cold stress from winter work
• Humidity, dehydration, and overexertion

• Serious emergencies at work
• Dealing with violent or dangerous situations
• Major equipment failures
• Tight deadlines or unsafe work pressure
• Intense emotional stress

• Double-shifts
• Overnight shifts
• Shift work that messes with sleep
• Mandatory overtime

Any of these situations can push your heart or body past the breaking point.

If symptoms of a heart attack or stroke start:

• At work
• Immediately after lifting, struggling, or exerting yourself
• During a stressful work situation
• Right after a heated incident or emergency
• Shortly after leaving work
• Later that night

Workers' comp may still cover it.

Symptoms often include:

• Chest pain
• Shortness of breath
• Dizziness
• Numbness
• Sudden headache
• Weakness or collapse

If the problem starts close in time to the work activity, it strengthens your case.

Unlike a broken arm or a fall, heart attacks and strokes aren’t always obviously work-related.

This is where doctors come in.

Your doctor must explain:

• What your work involved
• How your physical activity or stress contributed
• Whether work was a significant factor in triggering the episode

This medical explanation is required for the case to be approved.

Many workers win these cases because the doctor is clear about the strain or stress the job caused.

Heart attack and stroke cases often get denied at first because:

• You had risk factors
• You have a family history
• You were older
• You smoked
• The insurer argues “it would have happened anyway”

But Massachusetts judges know that work can — and often does — trigger or worsen serious medical emergencies. Workers win many of these cases when strong medical evidence connects the event to the job.

If your heart attack or stroke is found to be work-related, you may qualify for:

• Weekly disability checks
• 100% of medical treatment related to the event
• Cardiac rehab
• Medications
• Long-term treatment
• Permanent and Total Disability if you cannot return to work
• Death benefits for dependents if the worker passes away

These are major protections for workers and their families.

Sometimes a heart attack or stroke doesn’t fully hit until later — after a worker is already home.

That’s okay.

If the symptoms or early warning signs began during work, even subtly, you may still be covered.

Examples:

• You felt chest tightness at work
• You felt dizzy while lifting
• You had a bad headache during a stressful moment
• You felt numbness or weakness on the job
• You ignored early symptoms until later

These cases can still qualify.

Heart attacks and strokes can be covered by workers’ compensation if something about the job contributed to the medical event.

To qualify:

• Work must be a significant factor
• Physical or emotional stress at work must play a real role
• Medical evidence must support the connection

These cases protect hardworking people across Massachusetts — construction workers, truck drivers, warehouse workers, electricians, ironworkers, CNAs, landscapers, mechanics, and countless others — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod.

Not every work injury happens from lifting, slipping, or getting hit by equipment. Sometimes the job harms your body slowly — through chemicals, dust, fumes, noise, or long-term exposure to something unhealthy in the workplace. These types of injuries are called occupational diseases.

Many workers don’t realize this, but Massachusetts workers’ comp DOES cover occupational diseases just like it covers accidents. In some cases, occupational disease claims are even stronger because the condition clearly came from the workplace environment.

Let’s break down what this means and how the system works.

An occupational disease is a medical condition caused by exposures or conditions on the job.

Examples include:

• Asthma from dust, mold, or fumes
• Lung problems from welding fumes
• COPD made worse by chemical exposure
• Breathing issues from cleaning products or disinfectants

• Skin burns or rashes from acids or solvents
• Neurological symptoms from repeated chemical exposure
• Toxic reactions from paints, adhesives, or industrial chemicals

• Long-term noise exposure in factories, construction, trucking, or machining
• Ringing in the ears (tinnitus)
• Sudden hearing loss from a loud explosion or machinery blast

• Chemical dermatitis
• Rashes from oils or cement
• Allergic reactions from workplace materials

• Occupational cancer (in rare, proven cases)
• Asbestosis or mesothelioma
• Lead poisoning
• Reactions to latex gloves (common in healthcare)

If something in the workplace — air quality, chemicals, materials, noise, or physical environment — caused the condition, workers’ comp may cover it.

Unlike a fall or lifting injury, occupational diseases often develop slowly. Many workers don’t notice symptoms until:

• Months after the exposure
• After years of working the same job
• After symptoms build up gradually
• After changing departments or job sites
• After the workplace switches to new chemicals or materials

Massachusetts law recognizes that these injuries take time.

You do not need a single date of injury.
You do not need a single accident.
You do not need a specific moment when something happened.

If the condition developed because of your job, it may be compensable.

If you had a pre-existing condition — asthma, allergies, mild hearing loss, etc. — and your job made it worse, that is still compensable.

Work aggravating an existing condition counts as a new work injury.

Examples:

• You had mild asthma → job chemicals make it much worse
• Your hearing was fine → factory noise slowly damages it
• You had sensitive skin → chemicals cause major reactions

As long as work contributed significantly to the condition, workers’ comp applies.

These cases rely heavily on medical evidence because the injury isn’t always visible.

A doctor must confirm:

• You were exposed to something at work
• That exposure is known to cause the condition
• Your symptoms match the exposure
• The job contributed significantly to your illness

Doctors who specialize in occupational medicine, pulmonology, dermatology, or audiology often handle these evaluations.

Most workers’ comp claims must be filed within 4 years, but for occupational diseases, the clock starts when you:

This protects workers who:

• Didn’t know their breathing problems were caused by job fumes
• Didn’t realize their hearing loss came from long-term noise
• Learned years later that a chemical caused their skin disease
• Only recently tied their symptoms to workplace exposure

This rule helps construction workers, welders, machinists, CNAs, lab techs, janitors, painters, auto mechanics, and many others throughout Massachusetts.

Occupational disease claims are some of the most frequently denied cases because:

• There's no single accident
• The cause develops slowly
• Exposure is sometimes hard to measure
• Symptoms can be blamed on age, smoking, or hobbies
• Many diseases have multiple possible causes

But strong medical evidence and a detailed job history often win these cases.

If your occupational disease is approved, workers’ comp will pay for:

• All medical treatment
• Weekly disability checks
• Lost wages
• Permanent loss-of-function benefits
• Vocational retraining (if needed)
• Dependents’ benefits if the disease leads to death

These protections apply across the state — Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, Cape Cod, and everywhere in between.

Massachusetts covers occupational diseases when:

• Something at work caused the condition
• Something at work made it worse
• A doctor connects the illness to your exposure
• The disease affects your ability to work

These cases protect workers who face hidden dangers on the job — welders breathing fumes, cleaners exposed to chemicals, factory workers surrounded by noise, landscapers inhaling dust, and healthcare workers exposed to irritants.

Occupational diseases are real, and Massachusetts law gives workers strong protections when their environment harms their health.

A lot of jobs in Massachusetts require some kind of travel — driving between job sites, making deliveries, going to meetings, visiting customers, attending training, or even staying overnight for work. So what happens if you get hurt while traveling?

The simple answer is:

Massachusetts has strong protections for workers who get hurt on the road, at hotels, or anywhere the job sends them. Let’s break down how it works in everyday language.

Massachusetts considers many traveling workers to be in the course of employment the entire time they’re on a work assignment.

This applies to workers like:

• Construction workers traveling between job sites
• Delivery drivers
• Truck drivers
• Technicians going to customers’ homes
• Utility workers covering different territories
• Home health aides visiting patients
• Salespeople on the road
• Workers attending company training or conferences
• Movers, landscapers, or tradespeople working off-site

If your job requires you to travel, then injuries that happen during travel time are usually covered.

If you drive as part of your job — even just occasionally — and you get into a crash, workers’ comp will almost always apply.

Covered situations include:

• Driving between job sites
• Driving a company vehicle
• Driving your own vehicle for work errands
• Making deliveries
• Going to a work meeting
• Picking up supplies
• Transporting tools or materials

In these cases, workers’ comp pays for:

• Medical treatment
• Weekly disability checks
• Lost wages
• Permanent injury benefits

And you may also have a third-party lawsuit if another driver was at fault.

This surprises many workers.

If your job requires you to travel overnight — whether for training, a conference, or a remote job — you may be covered around the clock, not just during “work hours.”

Covered situations may include injuries:

• At the hotel
• While walking to get dinner
• During reasonable downtime activities
• While using hotel facilities (stairs, elevators, lobby, etc.)
• While traveling between the airport and hotel
• On company-planned outings

Why?
Because the law says that if the employer requires you to be away from home, you are still “in the course of employment” for most normal activities.

Example:
You trip on stairs at the hotel after grabbing dinner → likely covered.

If you’re traveling for work and you're injured doing something reasonable, such as:

• Going to a restaurant
• Walking to get coffee
• Going to the gym inside the hotel
• Getting fresh air
• Running errands
• Using the hotel bathroom or shower

These are typically still covered because they are considered normal parts of travel.

However, risky or unusual activities (skiing, bar fighting, drunk driving, etc.) are usually not covered.

This is different.

In most cases, injuries during a normal commute are NOT covered.
This is called the “coming and going rule.”

But there are exceptions:

• You drive a company vehicle home
• Your boss sends you on a special errand
• You must pick up coworkers or equipment
• You travel between multiple job sites
• You’re on-call and responding to a call
• You work from home and are called out for a job

These situations can turn your commute into work time.

If your job requires walking between locations — such as:

• Mail carriers
• Traffic police
• Utility workers
• Construction supervisors
• Medical home-care workers
• Couriers

— then injuries from slips, trips, falls, or pedestrian accidents are covered.

Travel injuries are very winnable, but it’s helpful to document:

• Where you were going
• Why you were traveling
• Who told you to go
• The time and location of the injury
• Whether you were on the clock or following a work assignment

Your employer’s business records and job logs usually support your case.

If your job requires you to travel — even a little — Massachusetts law gives you strong protection.

Workers’ comp usually covers injuries that happen:

• During work travel
• In work vehicles
• In your own car while doing job tasks
• While staying overnight for work
• At hotels and restaurants during work trips
• While walking between work sites
• During reasonable downtime activities

Traveling workers across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — rely on these rules to stay protected when the road is part of the job.

A lot of workplaces try to boost morale by offering sports teams, company outings, charity races, or other recreational activities. Softball leagues are one of the most common — construction companies, factories, police departments, unions, warehouses, and even office teams field them every year. These events are fun, but injuries definitely happen: twisted ankles, torn shoulders, broken fingers, knee problems, even concussions.

So the big question workers ask is:

The short answer is:

But there are important exceptions where you can still qualify.

Let’s break it down in plain English.

The general rule in Massachusetts is:

That means:

• Company softball
• Bowling nights
• Company volleyball teams
• Holiday parties
• Company outings
• Fun runs or charity events
• Golf tournaments
• Company picnics

Injuries from these kinds of activities are usually not considered “in the course of employment,” even if the company sponsors the event or pays for equipment.

Why?
Because the law considers these events recreation, not work.

If you had the freedom to say yes or no, and nothing about your job depended on joining, then workers’ comp typically will not cover any injuries that happen.

Examples of voluntary participation:

• “It’s optional but fun — come if you want!”
• “We sponsor a team; anyone can join.”
• “We play every Thursday, totally voluntary.”

If you joined because it sounded fun or your coworkers encouraged you, that’s still voluntary.

This is where things get interesting.
Even though most recreational injuries aren’t covered, Massachusetts has important exceptions.

If your employer required you to participate — either directly or indirectly — the injury may be compensable.

Examples:

• Your boss says attendance is mandatory.
• You were told you “needed to be there” for team-building.
• Skipping the event would hurt your job standing.
• Participation was part of a work evaluation or training.

If participation felt like part of your job, it may count.

If the company uses the event to:

• impress clients,
• market the business,
• build public goodwill, or
• conduct actual business activities,

then the line between “recreational” and “work-related” becomes blurred.

Example:
You’re asked to play because the team is made up of key employees representing the company at a community event.

If you were:

• setting up equipment,
• transporting supplies,
• handling logistics,
• supervising employees,
• performing security,
• serving as team photographer,
• or doing anything “work-like,”

and you got hurt, workers’ comp may apply even if the event itself was recreational.

If you were:

• on the clock,
• paid overtime,
• paid a stipend,
• or given compensation for participating,

the law will usually consider it work.

Here are real-world scenarios where workers' comp DID apply:

• A worker was told participation in the softball game was part of “team morale training.”
• A supervisor got hurt setting up the company picnic tents.
• An employee got injured carrying equipment to a charity event the company sponsored.
• A worker was on the clock to transport team gear and was hurt while doing it.
• An employee was required to attend as part of a company-sponsored community outreach event.

In all of these, the worker wasn’t just playing — they were there in a work-related capacity.

Even if they never said the words “you are required,” workers have sometimes won coverage when:

• They were told it “would look bad” if they didn’t show up
• Supervisors hinted that participation was expected
• Workers felt they had to go to stay in good standing
• Not attending would isolate them from the team or boss

If the pressure felt real, it might not be considered “voluntary” anymore.

Most of the time, getting hurt playing on a company softball team is NOT covered under workers’ comp because the activity is considered voluntary recreation.

BUT you may be covered if:

• The event was mandatory
• You were pressured to attend
• You were performing work duties
• You were being paid
• The company benefitted directly from your participation

Workers across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — get caught in these situations every year.

It all comes down to one question:

One of the most stressful moments for an injured worker is opening the mailbox and finding a letter saying your workers’ comp checks are being stopped or reduced. Many workers think the insurance company can just cut you off whenever they feel like it — but that’s not true.

Massachusetts has very strict rules about when and how an insurer can stop or reduce your workers’ compensation benefits. These rules protect workers from having their income suddenly taken away without warning.

Let’s break these rules down clearly so you know your rights.

Workers’ comp insurance companies must follow specific legal procedures before stopping your benefits.
They can’t just decide they “don’t feel like paying anymore.”

Massachusetts law requires:

• Proper written notice
• A legal reason to stop benefits
• Compliance with deadlines
• Approval from the Department of Industrial Accidents (DIA) in many cases

If they don’t follow these rules, the cutoff can be illegal, and you may be entitled to reinstatement and penalties.

During the first 180 days after you start receiving benefits, the insurer has more flexibility.

This period is called the “pay without prejudice” period, which means the insurer can pay you without officially accepting responsibility yet.

• They send you written notice
• They explain the reason
• They notify the DIA
• You are no more than 180 days from the first payment

This is the only time the insurer can stop benefits fairly easily.

But even during this period, they must give you:

• 7 days’ written notice
• A full explanation
• Information about your right to file a claim

If they cut you off without following these steps, it’s improper.

Once the first 180 days are over, the insurer cannot stop or reduce benefits unless they have a legally recognized reason.

They must rely on one of the following:

If a DIA judge rules after a conference or hearing that benefits should stop or change, the insurer can do so.

If you agree in writing to reduce or stop benefits (rarely recommended), the insurer can act on that agreement.

If you go back to work making the same pay or more, the insurer may stop weekly checks — but they must still follow notice requirements.

This requires BOTH:

• A medical report saying you have work capacity
• A written job offer for suitable light-duty work

Insurers love to use this one — even when the job doesn’t really exist.

Some benefits have time limits (like 3 years for temporary total disability).

If you ignore required forms (like 104s), the insurer can pause benefits — but only after proper notice.

To legally stop benefits, the insurer must send an official termination or modification letter, which includes:

• The exact reason for the cutoff
• The date benefits will end
• Your right to file a claim
• DIA instructions
• Required legal forms

If the notice is missing important information, the cutoff may be invalid.

Insurance companies often break the rules by:

• Cutting off checks without notice
• Using invalid medical reports
• Pretending they have a job offer
• Claiming you “failed to cooperate” when you didn’t
• Making up reasons for stopping benefits
• Sending sloppy termination letters
• Ending benefits after 180 days without proper grounds

Many workers accept the cutoff because they think the insurer has the final say.
They don’t.

If the insurer stops or reduces your benefits, you can:

• File a claim with the DIA
• Request a conference
• Demand reinstatement
• Seek penalties
• Challenge their medical evidence
• Fight their “suitable job” claim
• Request attorney fees be paid by the insurer

Many workers get their benefits turned back on after a judge reviews the case.

Massachusetts has strong laws that protect workers from losing benefits without proper process.

Here’s the simple version:

• During the first 180 days: The insurer has more freedom, but must still send notice.
• After 180 days: The insurer usually cannot stop benefits unless a judge approves or another strict legal condition is met.
• All terminations require written notice.
• You can challenge an improper cutoff immediately.

Workers across Massachusetts — Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — face illegal benefit cuts every year. Knowing your rights gives you power.

When you’re out on workers’ comp, one of the most confusing things you might get in the mail is a form called the “Agreement to Extend the 180-Day Payment Without Prejudice Period.”
This is also known as Form 105.

Insurance companies send this form to many injured workers — and they often make it sound harmless, like it’s just “keeping your checks going.” But it’s much more serious than that.

Before signing anything, it’s important to understand exactly what the form does, how it affects your rights, and why insurers love sending it out.

Let’s break it down in plain English.

Massachusetts gives the insurance company the first 180 days of your claim to pay benefits without officially accepting responsibility yet. During this period, the insurer can:

• Pay you weekly checks
• Pay your medical bills
• Investigate the claim
• Send you to medical exams
• Gather records
• THEN stop or reduce your benefits (with notice) — even without proving anything

This 180-day window gives insurers flexibility.
It’s also the time when workers get cut off the most.

Form 105 extends that early 180-day period for up to another 180 days.

In other words:

Once you sign the form, the insurer can:

• Stop your benefits
• Reduce your benefits
• Change your benefits

…all without going through the normal legal steps that protect you.

So why do they want it?

Because it gives them power.
And it takes away protection from you.

It’s simple:

They want the extended period because:

• It delays the time when they must admit liability
• It delays your ability to challenge certain denials
• It gives them extra time to gather evidence against you
• It lets them cut off your checks more easily
• It gives them more leverage if they want to deny surgery or treatment
• It slows down your path to a conference in front of a judge

They usually pitch the form as:

• “Just a formality”
• “This keeps your checks coming”
• “We need this to continue benefits”
• “It’s in your best interest”

But the real reason is that it protects them, not you.

A lot of injured workers think they’ll lose their benefits if they don’t sign.

That’s not true.

You have every right to decline.
And in most situations, declining is the smarter choice.

If you don’t sign it, the regular 180-day period ends — and after that, the insurance company must:

• Have a legal reason to stop benefits
• Go through the DIA
• Possibly face a judge
• Follow stronger rules
• Provide better justification

In other words:
After 180 days, you get real protection.

It is usually a mistake to sign Form 105 when:

• Your injury is serious
• You are still out of work
• You will likely need surgery
• The insurer has been difficult
• Your doctor hasn’t cleared you
• The insurer denies or delays treatment
• You already feel like the insurer might cut you off

Signing gives the insurer an extra weapon to use against you.

There are rare cases where signing might make sense, such as:

• You are receiving medical treatment you urgently need and don’t want interrupted
• You were already planning to return to work soon
• You are close to settling the case

But even in these situations, injured workers should never sign without fully understanding the consequences.

If you do NOT sign:

• The insurer must follow stricter rules
• They cannot stop your check unless they have a legally valid reason
• They may need a judge’s approval
• Your case may move faster to a conference
• Your position becomes stronger

You’re not punished for refusing.
You’re actually protected.

The Agreement to Extend the 180-Day Payment Without Prejudice Period (Form 105):

• Gives the insurer more power
• Takes protection away from you
• Lets them stop benefits more easily
• Delays your legal rights
• Is often used to trick workers into giving up leverage

You do not have to sign it.
And for most workers — especially those with serious injuries — refusing to sign keeps your rights strong.

Workers across Massachusetts — Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — are pressured to sign Form 105 every year. Understanding what it really does can prevent you from losing important protections.

The first 180 days after your workers’ comp checks begin is one of the most confusing — and most important — parts of the whole system. During this time, the insurance company has special rights that they don’t have later on. This period is called the “Pay Without Prejudice” period, and understanding it can prevent a lot of stress and surprise cutoffs.

Let’s break down how benefit termination works during these first 180 days in plain, working-class language.

When the insurance company starts paying your weekly checks, they usually do so even before they’ve finished investigating your claim. Because of that, Massachusetts law gives them a 180-day window where they are allowed to:

• Pay benefits
• Investigate the injury
• Send you to medical exams
• Review your work records
• THEN stop benefits more easily

This period is supposed to help insurers start payments quickly without being locked in. But the downside is this:

Most surprise terminations happen in this time period.

Insurance companies can’t just flip a switch and stop paying. Even in the early period, they MUST:

• Send you a written termination notice
• Send the same notice to the DIA
• Explain the reason for stopping benefits
• Tell you about your right to file a claim
• Give you seven days’ warning

A lot of insurers skip steps, cut corners, or send sloppy notices. When that happens, the termination may be illegal — and you may be entitled to reinstatement or penalties.

Insurance companies end benefits early for all kinds of reasons — some legitimate, some not.

The most common reasons include:

If you go to an independent medical exam (IME) and the doctor writes that you can work, insurers often jump on that.

If you go back to work — even for one day — they may stop benefits immediately.

They often deny based on:

• “Pre-existing condition”
• “Not enough evidence”
• “No accident happened”

Sometimes true — often exaggerated.

They may rely on partial medical records or take statements out of context.

Even if the reason is weak or unfair, they’ll still try it during the early period because they have more freedom to do so.

If the insurer stops your checks and you believe the cutoff is wrong, you can:

This is how you fight back.

When you file a claim, the case will be scheduled for a conciliation (a meeting) and then for a conference in front of a judge if needed.

The judge can order your benefits turned back on.

If the cutoff was illegal, the insurer could owe penalties for violating the law.

Most importantly:

You just need to start the process.

The 180-day clock starts on the first day the insurer pays you, not on:

• the date of injury
• the date you missed work
• the date you filed your claim

Workers often miss this detail.

After the 180th day passes, the insurer loses most of its special powers.

Once the 180 days end:

• The insurer can’t stop checks without a legal reason
• They often need a judge’s approval
• Your benefits become more protected
• It becomes harder for them to cut you off

That’s why many insurers rush to stop benefits in the first 180 days.

Here’s the simple version:

• The first 180 days are dangerous for injured workers.
• The insurer has more freedom to cut off benefits.
• They MUST give written notice and follow the rules.
• Many cutoffs during this period are improper or illegal.
• You can fight the termination immediately.
• After 180 days, your protections get much stronger.

Workers across Massachusetts — Boston, Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — deal with unfair terminations all the time in this early period. Knowing the rules helps you stay one step ahead of the insurance company.

Once the first 180 days of your workers’ comp claim are over, everything changes — and it usually changes in your favor. This is one of the most important parts of the entire workers’ compensation system in Massachusetts, but most injured workers never learn about it unless something goes wrong.

During the first 180 days (the “Pay Without Prejudice” period), the insurance company has extra power. They can stop or reduce your checks much more easily. But once those 180 days pass, the insurer loses that freedom and must follow strict, legally protected procedures before altering your benefits.

Let’s break down exactly what happens after those first 180 days end — and why this moment can be a turning point in your case.

This is the biggest change.

Once Day 181 arrives, the insurance company cannot stop or reduce your weekly checks unless they have one of the specific, legally approved reasons.

They can no longer say:

• “Our doctor says you can go back to work — we’re stopping benefits.”
• “We think you’re better now.”
• “We don’t think it’s work-related.”
• “We’re done paying.”

Those excuses might have worked before, but not now.

From Day 181 on, the insurer must follow much stricter rules.

Massachusetts law lists the only acceptable reasons an insurer can change your benefits after the first 180 days.

Here they are:

This usually happens after a conference or hearing at the Department of Industrial Accidents (DIA).
No judge = no termination.

If you agree in writing to let the insurer stop or reduce benefits, they can do so.

Important:
Most workers should never sign paperwork giving up benefits unless they fully understand what it means.

If you go back to the same job earning your full pay, the insurer may stop weekly checks.
But they must still follow notice rules.

This one requires BOTH:

• A medical report saying you can do specific work,
  and
• A written job offer for suitable work at the employer.

Not a made-up job.
Not a “maybe we have something.”
Not a job that doesn’t match your restrictions.

This is one of the most abused rules by insurers — but judges see through weak job offers all the time.

For example:

• Temporary Total Disability (Section 34) → max 3 years
• Partial Disability (Section 35) → max 5 years for most workers

But Permanent and Total (Section 34A) has no time limit.

If you ignore the Form 104 earnings reports, the insurer can stop checks — but only after proper notice.

The insurer must send:

• A formal termination or modification letter
• A clear explanation of the legal reason
• A copy filed with the DIA
• Information on your rights and appeal

If they fail to do any of this properly, the cutoff may be illegal.

Insurance companies know workers won’t always fight back, so they sometimes try:

• Invalid medical reports
• Fake “light-duty job offers”
• Misleading forms
• Incorrect dates
• Missing paperwork
• Cutoffs without DIA notice
• Cutoffs without a judge’s order

But after 180 days, the law is strongly on your side.
Judges often reinstate benefits when insurers cut corners.

If the insurer improperly stops or reduces your checks, you can:

• File a claim (Form 110)
• Demand reinstatement
• Request penalties
• Ask for attorney fees to be paid by the insurer
• Go to conference and fight the termination

The post-180-day rules give you more power to win.

Workers often say:

“The insurance company treated me fine at first, then everything changed.”

That moment is usually when the first 180 days end.

After that:

• Their control decreases
• Your protections increase
• A judge must get involved for big decisions
• It becomes harder for them to push you around

This is when many cases begin moving toward:

• Conference
• Hearing
• Settlement
• Vocational rehab
• Long-term planning

After the first 180 days:

• The insurer loses most of its ability to cut off benefits
• Terminating checks becomes much harder for them
• They must follow strict legal rules
• Most terminations require a judge’s approval
• Workers have stronger rights and protections

This is a major turning point for injured workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod.

One of the toughest parts of getting hurt on the job is figuring out what happens when you try to go back to work. Most workers want to get back — you want your full paycheck, you want your routine, and you don’t want to lose your place at the company. But returning too soon or pushing your body before it’s ready can make an injury much worse.

Massachusetts knows this, and that’s why the law gives injured workers certain protections during the return-to-work process. The most important one is the 28-Day Trial Return-to-Work Rule, which helps workers avoid getting trapped in a situation where they try to return but can’t physically handle the job.

Let’s walk through the protections in plain English.

Massachusetts gives you a 28-day safety window when you go back to work after receiving workers’ comp benefits.

Here’s how it works:

The key protections are:

• You have 28 days to test whether you can handle the job
• If you can’t continue because of your work injury, you can leave the job again
• Your workers’ comp checks must start up again
• You do not need a brand-new medical report at that moment
• The insurer cannot punish you for trying to return

This rule encourages injured workers to give work a try without risking their benefits.

To use your 28-day protection, you must:

1. Stop working because of your injury, and
2. Notify your employer and the insurance company within 21 days of the day you left work again.

A simple written message or email is enough. You don’t need legal language — you just need to make it clear that you had to stop working because of the injury.

Example message:

“I tried returning to work, but the injury is still preventing me from doing my job. I am unable to continue working.”

That’s all you need.

If you notify them within the 21-day window, your benefits must restart.

Most workers think they’ll need:

• A written note
• A new evaluation
• A new MRI
• Or immediate paperwork from a doctor

Not true.

During the trial return-to-work period, the insurer must restart your checks first — and sort the medical paperwork out later. Eventually, they may request medical documentation, but that comes after the restart.

This keeps workers from being stuck waiting weeks for appointments while having no income.

Many employers offer light-duty or modified jobs. The 28-day protection applies whether you return:

• Full duty
• Light duty
• Modified duty
• Or transitional duty

If the light-duty job turns out to be too hard on your body, or if your symptoms flare up, you can stop working and return to benefits.

Light duty is not a trap — the law protects you if the job is too much too soon.

Some workers worry that going back too soon will make them look weak or unreliable. Others fear the insurer or employer will use it against them.

The law says the opposite:

If your injury forces you back out of work:

• Your benefits restart
• Your medical treatment continues
• Your claim stays active
• You do not lose your rights

The law wants you to at least have the chance to see if you can work again safely.

Some employers pressure injured workers to:

• Work full duty immediately
• Ignore medical restrictions
• “Just push through it”
• Return without accommodation

These situations are dangerous.

If you cannot safely perform your job, stopping work and restarting benefits may be the best option. The 28-day rule protects you even when the employer isn’t cooperative.

Massachusetts gives injured workers strong protections when attempting to return to work:

• 28-day trial period to test your ability to work
• Benefits must restart if you can’t continue
• You have 21 days to notify your employer/insurer
• No doctor’s note required at the moment you stop
• Applies to full duty, light duty, or modified duty
• Employers can’t punish you for trying
• Your rights remain protected

Workers across Massachusetts — from Boston to Worcester, Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — use this protection every year to avoid hurting themselves all over again after a premature return.

Getting back to work after a job injury is a big step. Some workers feel ready, some don’t. Some return because they need the money, and some return because their employer pressures them. No matter why you go back, Massachusetts law gives workers extra protections once they return — protections many people don’t even know they have.

These rights can help keep your job secure, give you a fair chance at getting re-hired, and prevent your employer from using your injury against you. Let’s break them down in plain English.

Massachusetts law gives certain injured workers a special protection called Section 75A rehire rights.

Here’s what it means:

So, if your employer is:

• hiring new workers,
• filling open positions, or
• expanding the workforce,

they must offer you a job first, before hiring someone from outside the company.

This rule applies to:

• Public employers (towns, cities, state agencies)
• Some larger private companies (especially those with strong HR policies)
• Employers who voluntarily follow Section 75A guidelines

Even when it’s not mandatory, many employers choose to follow it because it helps avoid legal trouble.

This is important.

If your employer filled your old position while you were out, and that person is still doing the job, they do not have to remove that employee to make room for you.

But:

It doesn’t have to be your old exact job — just something that fits your restrictions.

If you are part of a union — electricians, laborers, teamsters, carpenters, plumbers, ironworkers, municipal employees, etc. — your collective bargaining agreement may provide:

• Guaranteed job reinstatement
• Priority recall lists
• Light-duty rights
• Seniority protections
• Extended leave benefits

Sometimes union contracts go far beyond what state law requires.

If you’re union, your rehire rights may be very strong.

Massachusetts law is clear:

This is considered retaliation, and it is illegal.

Examples of retaliation include:

• Cutting your hours
• Demoting you
• Giving you the worst shifts
• Harassing or intimidating you
• Making negative comments about your injury
• Pushing you out of the company after returning
• Treating you differently from other employees

If any of this happens, you may have a case under Section 75B of the workers’ compensation law.

If your doctor releases you to work with restrictions — such as:

• No lifting over 20 pounds
• No kneeling
• No overhead work
• No prolonged standing
• No repetitive use
• Light duty only

— your employer must make a reasonable effort to accommodate those restrictions.

This doesn’t mean they must invent a job out of thin air.
But they can’t ignore the restrictions, and they can’t force you to do work that violates your doctor’s orders.

If no suitable work exists, you may still be entitled to partial disability benefits.

This surprises many workers.

If you settle your case, Massachusetts law says the settlement creates a “presumption of no rehire.”

Here’s what that means:

Example:
A $15,000 settlement → 10 months of “presumed” no rehire.

This doesn’t mean you’re banned from returning — but legally, the employer is not expected to take you back during that period.

Workers should always understand this before agreeing to a lump sum.

Returning to work — whether full duty or light duty — does not take away your right to:

• Continued medical treatment
• Physical therapy
• Follow-up appointments
• Diagnostic tests
• Surgery, if needed

The medical portion of your claim stays open unless you settle the medical rights.

Workers who return to work after an injury in Massachusetts have important rights:

• Rehire preference when positions open
• Protection from retaliation
• Right to reasonable accommodations
• Right to continue medical treatment
• Coverage under union contracts (if applicable)
• Awareness of settlement-related rehire limitations

These protections help workers across the state — from Boston and Worcester to Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — return safely and fairly without worrying about being pushed aside or punished for getting hurt.

One of the most stressful parts of getting hurt on the job is realizing you may never be able to return to the kind of work you used to do. Maybe the job was heavy, physical, or required a lot of bending, lifting, kneeling, climbing, or standing. Maybe it required repetitive work that your injury now makes impossible. For many workers — especially in construction, manufacturing, transportation, warehousing, and public safety — injuries can permanently change what kind of work their bodies can handle.

Massachusetts workers’ compensation law recognizes this problem and provides protections and options for workers who can’t go back to their old job. You are not expected to perform work your body cannot safely handle.

Let’s break down what happens in this situation in plain English.

If your injury leaves you with permanent restrictions — such as:

• No lifting over 20 pounds
• No kneeling or crawling
• No overhead work
• No repetitive movements
• Limited bending or twisting
• Only light-duty tasks

— then your employer may have to offer reasonable accommodations if they are legally covered under disability laws.

Under Massachusetts anti-discrimination law and the federal Americans with Disabilities Act (ADA), employers must sometimes adjust job duties to help you return safely. Those accommodations may include:

• Lighter tasks
• Modified schedules
• Different equipment
• Reduced physical demands
• Reassignment to open positions

However, employers are not required to eliminate essential job duties or create an entirely new job for you.

If your injury makes physically demanding work impossible — for example, ironworking, sheet metal work, carpentry, warehouse lifting, or EMT work — then accommodation may not be possible. That doesn’t mean you lose your rights. It just means your next steps involve workers’ comp protections.

If your employer cannot offer a job that fits your restrictions, you may continue receiving:

• Temporary Partial Disability (Section 35)
  if you can work but not at your old wage,
  or
• Temporary Total Disability (Section 34)
  if you cannot work at all,
  or
• Permanent and Total Disability (Section 34A)
  if you can never return to gainful work of any kind.

Your benefits do not stop just because the employer has no job to offer.

Many Massachusetts workers — especially older workers or those with heavy-duty jobs — continue receiving benefits because returning to their old type of work is physically impossible.

The Massachusetts Office of Education and Vocational Rehabilitation (OEVR) helps injured workers train for new types of work when their old job is no longer possible.

Vocational rehab may include:

• Job retraining
• GED or community college classes
• Skills-based programs
• Resume and job search help
• Career counseling
• Certifications or licenses
• Placement services

This program exists specifically for workers whose injuries prevent them from returning to their old occupation.

Participation is free, and many injured workers find this is their path toward new employment that is:

• Less physical
• Better suited to their restrictions
• More stable long-term

Workers cannot be forced into retraining unless the OEVR determines they’re suitable — but they also can’t settle their claim until the OEVR clears them.

When it becomes clear that:

• you can’t return to your old job,
• the employer has no work for you, and
• your medical condition is stable,

workers’ comp cases frequently move toward a lump sum settlement.

The settlement amount usually reflects:

• your future workers’ compensation benefit entitlement
• your medical needs
• your permanent restrictions
• your work history
• your ability (or inability) to retrain
• your long-term earning capacity

Workers who cannot return to heavy-duty jobs (construction, trades, factories, law enforcement, etc.) often receive higher settlements because their future earnings are significantly affected.

Even if your employer cannot bring you back, they cannot fire you because you filed a workers’ comp claim. That’s illegal retaliation.

They also cannot:

• Harass you
• Pressure you to quit
• Force you into full-duty work
• Ignore your medical restrictions
• Punish you for being injured

If they do, you may have a separate claim through the Massachusetts Commission Against Discrimination (MCAD).

If your work-related injury prevents you from returning to your former job, you still have important rights:

• Your employer may need to consider accommodations
• You may continue receiving workers’ comp benefits
• You may qualify for vocational retraining
• You cannot be punished or retaliated against
• You may eventually receive a lump sum settlement
• You do NOT have to return to unsafe work

Workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, Lawrence, Brockton, Taunton, and Cape Cod — face this situation every year. The law is designed to protect your income, your future, and your physical health when going back to your old job is no longer possible.

A lot of injured workers eventually reach a point where they start wondering whether they can settle their workers’ compensation case. Maybe you’re tired of dealing with the insurance company. Maybe you’re worried they’ll try to cut off your benefits. Maybe your injury is long-term, or you can’t go back to your old job. Or maybe you just want the financial stability that comes with a lump sum.

Whatever your situation is, settlement — called a “lump sum settlement” in Massachusetts — is a major decision. And while it can be a good option for many workers, it’s important to understand exactly how it works.

Let’s break it down clearly and in plain English.

A workers’ comp settlement is voluntary on both sides.

That means:

• The insurance company cannot force you to settle.
• You cannot force the insurance company to settle.
• A judge cannot order a settlement.

Both sides have to agree, and then a judge must review and approve it to make sure it’s in your best interest.

When you settle your case, you receive a one-time payment. In exchange, you give up your right to receive future weekly wage checks for the injury in question.

So ask yourself:

Settlements can be:

• With liability (the insurer admits the injury is work-related)
• Without liability (the insurer does NOT admit anything)

The type of settlement affects what happens next, especially with medical coverage.

It depends on the type of settlement:

You usually keep your medical benefits open even after the lump sum.
The insurer continues paying for treatment related to the work injury.

Your medical benefits usually close after the settlement.

This is one of the most important differences in the whole process.

A lump sum is based on several factors, including:

• Your age
• Your job type
• Your physical restrictions
• Whether you can return to work
• Your future earning capacity
• Your Average Weekly Wage
• Your medical needs
• Whether liability is accepted
• Whether the insurer was ordered to pay benefits
• Whether a judge has made prior rulings in your favor

Workers who cannot return to heavy physical work — construction, trades, warehousing, transportation, nursing, landscaping — often receive higher settlements because the injury has a bigger effect on their long-term earning ability.

Every settlement must be approved by a judge at the Department of Industrial Accidents (DIA). This is usually a short hearing.

The judge will:

• Ask basic questions
• Review your medical records
• Make sure you understand your rights
• Confirm that the settlement is fair

No judge will approve a settlement that appears rushed, unfair, or not in your best interest.

Workers’ comp attorney fees are set by state law, not by the lawyer.

Typical settlement fees are:

• 20% of the lump sum (if liability is accepted)
• 15% of the lump sum (if liability is disputed)

These fees are taken out of the settlement — you do not pay out of pocket.

Yes — and this surprises many workers.

A lump sum settlement creates a presumption that you will not return to work with the same employer for a certain period.

The rule is:

For example:
A $15,000 settlement = 10 months where the employer is not expected to take you back.

This does not stop you from applying — it just changes the legal expectation.

Generally, yes — unless the settlement includes a special restriction (rare).
Many workers take new jobs after settling, often in lighter or less physical roles.

However:

• You should not return to the same employer until the no-rehire presumption period ends.
• You should avoid work that violates medical restrictions.

Settlement can be a good option when:

• You can’t return to your old job
• Your injury is stable (not likely to improve much)
• You’re tired of fighting the insurer
• Your benefits are at risk of being stopped
• You need money for a transition
• You are retraining for a new career
• You want full control over your life and schedule

Many workers settle after a conference or after a judge orders the insurer to pay benefits.

Settlement might not be right if:

• Your medical condition is not stable
• Surgery is coming up
• You rely on weekly checks
• You are still improving physically
• You don’t fully understand the long-term consequences

A bad settlement is permanent — there’s no “undo” button.

Yes, you can settle your workers’ comp case — but it’s a serious decision with long-term consequences. A settlement:

• Ends weekly checks
• May or may not keep medical coverage open
• Must be approved by a judge
• Can affect your future job options
• Should be based on your long-term needs

Workers across Massachusetts — Boston, Worcester, Springfield, Fall River, Lawrence, New Bedford, Brockton, Taunton, and Cape Cod — settle cases every day. The key is knowing when it makes sense and what you’re giving up in return for that lump sum.

A lot of injured workers worry about hiring an attorney because they think it will cost too much or they don’t want to get “sued up.” Others think hiring a lawyer will make their employer angry, or they feel guilty because they’ve worked for the company for years. But here’s the truth:

Workers’ compensation is a legal process. The insurance company has lawyers on their side, and their entire job is to save the insurer money. Having someone in your corner levels the playing field and protects your income, your medical care, and your future.

Let’s break down how attorneys work in workers’ comp cases so you know exactly what to expect.

Massachusetts law guarantees your right to be represented at:

• Conciliations
• Conferences
• Hearings
• Medical examinations
• Settlement discussions
• Any part of the workers’ compensation process

It doesn’t matter what your job is, how long you’ve been with the company, or how the injury happened — you have the right to a lawyer at every stage.

Most workers are shocked to learn this:

The workers’ compensation law sets the fees, and most of the time the insurance company pays them, not you.

There are three types of fees in workers’ comp:

If your lawyer goes to a conference and wins — meaning the judge orders the insurance company to pay or continue paying benefits — the insurer must pay your lawyer’s fee.

These fees are usually between $800.00 and $1,800.00, depending on the issue.

You do not pay anything.

If your case goes to a formal hearing, which is a mini-trial, and you win, the insurance company must pay your lawyer a larger fee — often more than $6,000.00.

Again, you do not pay.

If you settle your case for a lump sum, the attorney fee is taken out of the settlement itself — never out of your pocket.

Here are the rules:

• 20% fee when the insurer has accepted liability
• 15% fee when liability is disputed

Example:
If you settle for $20,000 and liability is accepted, the attorney fee is $4,000, and the remaining $16,000 goes to you.

You never write a check.
You never pay anything up front.

Workers’ compensation attorneys work on a contingency system.
This means:

This gives the attorney a strong incentive to:

• fight for your benefits,
• push your case forward,
• protect you from illegal cutoffs,
• get you full medical treatment, and
• maximize your settlement.

No results = no fee.
Simple as that.

Insurance companies deny claims, delay treatment, cut off checks, and play games.
A lawyer can:

• Stop illegal benefit terminations
• Challenge bad medical reports
• File claims for unpaid benefits
• Push for needed surgery or treatment
• Fight for higher wage benefits
• Represent you at conferences and hearings
• Protect you from retaliation
• Negotiate a strong settlement
• Make the insurer pay penalties when necessary

Most workers wish they hired a lawyer sooner.

You cannot:

• be fired,
• be demoted,
• have your hours cut,
• be threatened,
• be harassed,
• or suffer retaliation

for hiring an attorney or filing a workers’ comp claim.

This is illegal under Massachusetts law (Section 75B).
If your employer tries anything, the law is on your side.

Here are times when you should definitely have a lawyer:

• Your checks were stopped
• Your claim was denied
• Your doctor is being ignored
• The insurer wants to send you to an IME
• Your employer is pressuring you
• Surgery is recommended
• You don’t understand what the insurer is doing
• You can’t return to your old job
• You’re considering settling

Even a small mistake can cost you thousands in benefits — having a lawyer prevents that.

Hiring a workers’ compensation attorney in Massachusetts:

• Costs you nothing up front
• Usually costs you nothing at all
• Levels the playing field
• Protects your medical care and weekly checks
• Helps you avoid mistakes
• Makes the insurer follow the law
• Maximizes your chances of keeping benefits
• Gives you a stronger settlement

Workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, Lawrence, Brockton, New Bedford, Taunton, and Cape Cod — rely on workers’ compensation lawyers to protect their rights and their families during tough times.

Most people know that workers’ compensation covers you when you get hurt on the job. But what a lot of workers don’t realize is this:

Workers’ comp covers medical bills and wage loss, but it does not pay for pain and suffering, full lost earnings, or future losses beyond certain limits. A third-party negligence case can.

This is one of the most important parts of Massachusetts work injury law, and workers who understand it often recover far more money than those who don't.

Let’s explain it clearly and simply.

A “third party” is anyone other than your employer or a coworker who caused or contributed to your injury.

Examples of third parties:

• A negligent driver
• A contractor or subcontractor
• A property owner
• A defective machine maker
• A delivery company
• A maintenance company
• A company responsible for unsafe equipment
• Another trade on a construction site

If one of these parties caused your injury, you may have a separate claim for negligence in addition to your workers’ comp benefits.

Workers’ comp is automatic — you get it regardless of fault.

But a third-party case requires proving the other party was careless.

This surprises many workers.

Workers’ comp pays for:

• Medical treatment
• Prescription medications
• Weekly disability checks
• Permanent loss of function benefits
• Mileage reimbursement
• Vocational rehab (if needed)

The third-party case pays for:

• Pain and suffering
• Emotional distress
• Full lost wages (not capped)
• Future lost earnings
• Scarring and disfigurement
• Loss of enjoyment of life
• Out-of-pocket expenses
• Other damages comp doesn’t cover

In many cases, the third-party case is worth significantly more than the workers’ comp claim.

Here are some real-world examples where Massachusetts workers have both claims:

If you were:

• driving for work,
• riding in a work vehicle, or
• struck while walking on the job site,

and another driver caused the crash → third-party case.

This includes:

• Salespeople
• Delivery drivers
• Construction supervisors
• Utility workers
• Police/fire/EMS
• Home health aides
• Cable/telecom workers
• Landscapers

Construction sites often involve many different contractors.
If your injury was caused by:

• another trade,
• unsafe equipment,
• a subcontractor, or
• a negligent general contractor,

→ you may have a third-party case.

If a machine or tool malfunctioned because it was:

• defectively designed,
• improperly manufactured, or
• lacked proper warnings,

→ you may have a product liability case.

If you fell, slipped, or were injured because the property owner failed to maintain safe conditions, that’s a third-party claim.

Examples:

• icy parking lots
• broken steps
• poorly lit areas
• dangerous walkways
• hazards in customer locations

If you win or settle a third-party case, the workers’ comp insurance company has a legal right to be reimbursed for a portion of what they paid.

This is called the Section 15 lien.

BUT:

• The lien is negotiable
• The insurer must reduce it by your attorney’s fees
• You still keep a significant portion of your third-party recovery

In most cases, workers still come out far ahead by pursuing both cases.

Many workers worry:

“I don’t want to cause trouble or sue my employer.”

Good news:

Workers’ comp protects your employer from being sued by you.

You are only suing the negligent outside party.

Workers’ comp does not pay for:

• pain
• suffering
• emotional trauma
• full wage loss
• loss of enjoyment of life
• long-term earning power
• permanent scarring (beyond Section 36 limits)

Third-party cases cover all of that and more.

This is why workers injured by someone else’s negligence often recover:

• 5x
• 10x
• even 20x

what they would receive from workers’ comp alone.

If someone other than your employer or coworker caused your injury, you may have two cases:

1. Workers’ compensation — covers medical bills and wage loss
2. Third-party negligence case — covers pain and suffering and full damages

Pursuing both claims is completely legal and often results in significantly higher compensation.

Workers in Boston, Worcester, Springfield, Fall River, New Bedford, Lawrence, Brockton, Taunton, and across Massachusetts frequently have third-party cases without even realizing it.

Knowing your rights can make a life-changing difference.

When an injury keeps you out of work for a long time, many Massachusetts workers end up dealing with two systems at the same time:

1. Workers’ Compensation
2. Social Security Disability Insurance (SSDI)

Both programs can help replace lost income, but they work differently, and they affect each other in important ways. A lot of workers get confused about whether they can collect both, whether one reduces the other, and how a settlement might factor into the equation.

Let’s break it down clearly and in plain English.

Many injured workers think they must choose between workers’ comp and SSDI.

That’s not true.

They serve different purposes:

• Workers’ comp is for people injured on the job
• SSDI is for people who are medically unable to work in any job for at least 12 months

If your work injury keeps you out of work long enough, SSDI can be an important backup income source.

This is a big misconception.

Workers’ comp stays the same.
Weekly benefits stay the same.
Medical benefits stay the same.

Workers’ comp does not punish you for receiving SSDI.

The only reduction that might happen is on the SSDI side, not the workers’ comp side.

Federal law says the combination of:

• your workers’ comp weekly checks,
  plus
• your SSDI monthly benefits

cannot exceed 80% of your pre-injury earnings, known as your Average Current Earnings (ACE).

If the combined benefits would exceed that 80%, Social Security will reduce its own payment, not your workers’ comp.

This is called the workers’ comp offset.

Only SSDI adjusts.

Not every worker has an offset. You may get your full SSDI amount if:

• Your workers’ comp benefit isn’t very high
• You receive partial disability instead of total
• You have dependents eligible for SSDI
• Your ACE is high enough
• You have other income when calculating earnings historically

For many workers, especially those with higher pre-injury wages, SSDI does not need to reduce anything.

This is one of the most valuable parts of knowing your rights.

When you settle a workers’ comp case for a lump sum, the amount can be “spread out” over your life expectancy on paper. This is called proration.

Here’s why:
If a settlement is prorated as if the money is paid over many years, the monthly amount appears smaller, and Social Security may reduce the offset or remove it entirely.

This can increase your SSDI check every month.

The settlement must include specific language, or SSDI may treat the full lump sum as if it were paid all at once — which can create a massive offset.

Workers who don’t handle this correctly can lose thousands in SSDI benefits over the years.

Many workers think SSDI hurts their workers’ comp claim. It doesn’t.

In fact:

Why?

Because SSDI approval usually means:

• Social Security agrees you are disabled
• Your medical records strongly support disability
• Your condition is long-term
• You are not expected to return to work soon

This can help during:

• Conferences
• Hearings
• Settlement negotiations

Insurers take SSDI awards seriously.

Two things to know:

This means workers with long-term injuries eventually qualify for Medicare.

If you’re on Medicare or soon will be, certain settlements must include a plan that protects Medicare’s future interest.

This is normal — not a problem — but it has to be handled correctly.

It takes months — sometimes over a year — to get approved for SSDI.

If your injury keeps you out of work long-term, apply early.
Waiting can cost you months of back pay.

Here’s the simple version:

• You can collect both workers’ comp and SSDI
• SSDI does not reduce your workers’ comp
• SSDI might reduce its own payment if both benefits exceed 80% of your past earnings
• A lump sum settlement can be structured to avoid or reduce the offset
• SSDI approval often helps your workers’ comp case
• Medicare issues may come into play with long-term injuries
• Applying early is important

Workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, Lawrence, New Bedford, Brockton, Taunton, and Cape Cod — rely on both programs to support their families during long-term disability.

One of the biggest shocks injured workers face isn’t always the injury itself — it’s finding out that their health insurance might be cancelled while they’re out of work on workers’ comp. Most people assume that if they got hurt on the job and can’t work, their employer has to keep them insured.

Unfortunately, that’s not the case in Massachusetts.

Let’s break down exactly what the law says, what usually happens in the real world, and what options you have if you lose your health insurance.

This is the part nobody expects.

Workers’ compensation only covers:

• Medical bills related to your work injury
• Treatment that is necessary because of that injury
• Workers’ comp prescriptions
• Travel to medical appointments

Everything unrelated to your work injury — like:

• your kids’ doctor appointments,
• your spouse’s medications,
• your own non-work medical issues,

must be handled through your regular health insurance.

If your employer decides to cancel your health insurance, you could be left without coverage for anything non-work-related.

There are three main reasons employers often stop covering workers who are out on comp:

Most employer health plans require a certain number of hours per week to stay eligible. If you’re completely out of work, you may fall below the required threshold.

Unless the company handbook or union contract says otherwise, the employer can end your coverage.

If employees on a medical leave of absence lose coverage, then employees on workers’ comp leave lose coverage too.

This happens often, especially with:

• small businesses
• construction companies
• contractors
• warehouses
• restaurants
• transportation companies

Most workers don’t realize the employer legally can do this.

There ARE situations where the employer must keep your health insurance active, such as:

Many trades — electricians, plumbers, ironworkers, carpenters, teamsters, municipal unions — have strong contract protections.

If the employer promises in writing to maintain coverage, they must follow it.

If employees injured off the job keep their insurance, the employer can’t treat workplace injuries worse.

These situations don’t apply to everyone, but they matter.

If your coverage is cancelled, you are usually eligible for COBRA.

COBRA allows you to continue the same health insurance, but you have to pay the full cost yourself.

That means:

• your portion of the premium
• PLUS the employer’s portion
• PLUS a small administrative fee

For a family plan, COBRA can easily cost:

(sometimes more)

Many injured workers simply cannot afford that while living on workers’ comp checks.

Even if you lose your health insurance:

This includes:

• Doctor visits
• Physical therapy
• MRIs, X-rays, CT scans
• Surgery
• Hospital bills
• Pain management
• Injections
• Prescription medications
• Durable medical equipment
• Home health services (if needed)

Workers’ comp does NOT pay co-pays.
It pays the whole bill — as long as the treatment relates to the job injury.

If your employer cancels your health insurance and you do not sign up for COBRA, you are uninsured for:

• Primary care
• Dental work
• Eye care
• Kids’ medical needs
• Prescription drugs NOT related to the injury
• Any unrelated medical condition

Some workers enroll in:

• MassHealth
• The Health Connector (MA marketplace)
• COBRA
• Spouse’s employer insurance

Losing health insurance can be one of the hardest parts of being out on workers’ comp.

Massachusetts separates two systems:

→ Pays only for the work injury

→ Depends on employer policies and work status

The law does not require employers to maintain full health benefits while you’re out — unless a contract or policy says otherwise.

Here’s the simple version:

• Employers in Massachusetts do NOT have to continue your health insurance while you’re out on workers’ comp
• Workers’ comp covers only medical care related to the work injury
• COBRA is available, but usually expensive
• Union contracts or company handbooks may protect your coverage
• Losing health insurance is common — and legally allowed
• You still receive full injury-related medical care through workers’ comp

This issue affects thousands of injured workers across Massachusetts — in Boston, Worcester, Springfield, Fall River, New Bedford, Brockton, Taunton, and on Cape Cod.

One of the biggest worries injured workers have isn’t always the injury itself — it’s the fear of losing their job while they’re out on workers’ comp. You might wonder:

• “Can they replace me?”
• “Can they fire me while I’m hurt?”
• “Isn’t my job protected if I was injured at work?”
• “What happens if someone else takes my position?”

These are real concerns, and the answers aren’t always what workers hope for.
Massachusetts has strong laws protecting your income, but the laws about protecting your job are different — and more complicated.

Let’s break it all down clearly and in plain English.

The first thing to understand is this:

This applies even when a worker is out on workers’ comp.

Your employer cannot fire you because you filed a claim.
But they can fire you if:

• Your position needs to be filled
• The company needs someone who can work full-time
• The business is short-staffed
• They reorganize or downsize
• Your job duties cannot be left open

This surprises most injured workers, but it’s the reality under Massachusetts law.

This is the part workers hate hearing, but here’s the truth:

Workers’ comp protects your income — not your position.

For example:

• If you’re a truck driver and the company needs someone to cover your route, they can hire someone else.
• If you’re a nurse and your unit is short-staffed, management can replace you.
• If you’re a construction worker and the job site needs labor, the contractor can fill your role.

The employer does not have to hold the job open forever.

This is extremely important:

This is called retaliatory discharge, and it violates Massachusetts General Laws Chapter 152, Section 75B.

Examples of illegal retaliation:

• “You’re costing us too much money — you’re fired.”
• “You filed a claim, so we don’t want you here anymore.”
• “We don’t want workers’ comp people working for us.”
• “Your injury is a problem for us, so you’re gone.”

If something like this happens, you may have a separate lawsuit — completely aside from your workers’ comp case.

Some workers panic when they’re terminated.
But here’s the good news:

Workers’ comp is insurance, and it continues whether or not your employer keeps you on the payroll.

This includes:

• Weekly disability checks
• Medical treatment
• Surgery
• Physical therapy
• Mileage reimbursement
• Prescription coverage

Your rights do not disappear just because the employer ends your job.

Even if your job was filled while you were out, Massachusetts law gives many workers a “preference” for rehire once they are medically cleared.

This is covered under Section 75A.

If an open position becomes available, your employer must consider you before hiring a new applicant, as long as you can perform the job with or without reasonable accommodation.

This is especially important for:

• municipal workers
• large companies
• union workers
• public safety employees
• long-term employees

It does not guarantee a job, but it gives you priority.

If you eventually settle your workers’ comp claim, Massachusetts law creates a “no rehire presumption.”

The formula is:

Example:
A $22,500 settlement → 15 months presumed no rehire.

This doesn’t forbid you from returning — but legally, the employer isn’t expected to take you back during that window.

If you are union:

• Your contract might require job reinstatement
• Your seniority might protect you
• Your grievance process may apply
• Your union rep can fight for your return
• Your benefits may continue longer

Union-negotiated protections are often better than state law.

Here’s the simple truth:

• Your employer can fill your job while you’re out.
• Your employer can fire you — but NOT for filing a workers’ comp claim.
• Losing your job does not stop your workers’ comp benefits.
• You may have priority for rehire later on.
• Union contracts may provide extra protection.
• Settlements can create a presumption of no rehire.

Workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, New Bedford, Lawrence, Brockton, Taunton, and Cape Cod — deal with this issue every day. Understanding these protections helps you focus on healing, not worrying about what your employer might do.

When you’re out of work because of an injury, money gets tight fast. Workers’ compensation helps, but sometimes people wonder whether they can also get unemployment benefits at the same time — especially if their employer lets them go, fills their job, or cuts them loose while they’re still injured.

The short answer is:

But…

Let’s break it down clearly and in plain, working-class language.

Here’s the key reason the benefits usually can’t overlap:

Those two things can’t both be true at the same time.

So if you’re on Temporary Total Disability (TTD) benefits (Section 34), meaning your doctor says you cannot work at all, then you cannot legally collect unemployment.

If your doctor says:

• you can’t work,
• you can’t return to any job,
• you can’t perform light duty,
• or you’re recovering from surgery,

then you cannot get unemployment.

Unemployment requires you to certify every week that you are:

• physically able to work,
• ready to start a job immediately,
• and actively searching for work.

Workers on total disability do not meet that requirement.

This is where things get interesting.

Partial disability (Section 35) means:

• Your doctor says you can perform some type of work
• But you cannot return to your previous job or former physical duties
• And your employer has no suitable light-duty position available

If your employer has no work that fits your restrictions, you may qualify for unemployment.

• medically cleared for some work,
• actively looking for work,
• and capable of performing the kind of work you are seeking.

Lots of injured workers end up here — especially in construction, warehousing, manufacturing, trucking, health care, and other physically demanding fields where “light duty” doesn’t really exist.

If you qualify for unemployment after your workers’ comp checks stop (or convert to partial), remember:

and

You still have the right to:

• continue medical treatment,
• seek higher workers’ comp benefits,
• challenge the insurer in court,
• undergo vocational rehab,
• or pursue a settlement later.

Workers often use unemployment as temporary income while the workers’ comp dispute moves through the DIA system.

This happens all the time.

The employer hires someone else.
Or they “can’t hold your job anymore.”
Or they lay you off.

If you are physically able to work — at least light duty — then you may qualify for unemployment even if your injury is still being treated.

But if your doctor says you cannot work at all, then unemployment will deny the claim.

This situation is common:

• The insurer’s IME doctor says you’re fine to work
  but
• Your treating doctor says you are still disabled

Unemployment will look at your doctor’s opinion and your actual physical capacity — not what the insurance company says.

If your doctor supports total disability, you cannot get unemployment.

If your doctor says you can work “with restrictions,” and you’re actively job hunting, unemployment may approve you.

Workers sometimes ask:

“Can I get reduced workers’ comp and unemployment at the same time?”

The answer is no.

If you are receiving partial disability benefits, you cannot collect unemployment at the same time because:

• partial disability assumes you’re earning (or could be earning) wages,
• unemployment assumes you have no earnings.

You must choose one program at a time.

Here’s the simple version:

You are not medically able to work, so you do not qualify.

You must be physically able to work some job, and actively looking.

Medical benefits and wage-loss rights continue.

But you can switch from workers’ comp to unemployment if your disability status changes.

Workers across Massachusetts — from Boston and Worcester to Springfield, Fall River, Lawrence, New Bedford, Brockton, Taunton, and Cape Cod — run into this situation every day. Knowing the rules helps you avoid mistakes and protects your income when you need it most.