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Section 34 – Temporary Total Disability Benefits in Massachusetts
Under Massachusetts General Laws Chapter 152, Section 34, injured workers are entitled to Temporary Total Disability (TTD) benefits if they are completely unable to perform any type of gainful work — not merely their usual job.
This means the employee must be totally disabled from performing work of any reasonable kind, not just their prior occupation.
Eligibility and Waiting Period
To qualify, an employee must be disabled for at least six (6) calendar days (not workdays). These days do not have to be consecutive.
- Benefits begin on the sixth day of disability.
- The first five days are only paid if the worker remains disabled for more than 21 days.
Examples:
- If you miss 7 days of work, you will be paid for 2 days.
- If you miss 22 days of work, you will be paid for all 22 days.
- If you miss fewer than 6 days, you are not entitled to weekly benefits, but you are still entitled to medical benefits for your work-related injury.
Benefit Amounts
Weekly benefits are 60% of your Average Weekly Wage (AWW), calculated from your gross earnings in the 52 weeks prior to your injury.
- Duration: Up to 3 years (156 weeks) of payments.
- Current Maximum Weekly Rate (effective October 1, 2025): $1,922.18
- Minimum Weekly Rate: 20% of the statewide average weekly wage (SAWW), unless your actual earnings are lower — in which case you receive your full AWW.
Examples of Section 34 Calculations
- Example 1: An employee injured on or after October 1, 2025, earning $700 per week, would receive $420.00 per week (60% of $700).
- Example 2: Another employee with an average weekly wage of $4,000 would receive the maximum weekly benefit of $1,922.18, since 60% of $4,000 ($2,400) exceeds the state maximum.
Annual Adjustments
The maximum and minimum weekly benefit rates are updated every October 1st, based on changes in the Statewide Average Weekly Wage (SAWW) published by the Massachusetts Division of Unemployment Assistance.
In summary:
Section 34 benefits replace a portion of your wages while you are completely unable to work due to a job-related injury. They provide up to three years of weekly payments, subject to statewide maximum and minimum limits that adjust annually.
Legal Help for Injured Massachusetts Workers
If you’ve suffered a work-related injury and are unsure of your eligibility for Section 34 temporary total disability benefits, the experienced attorneys at Carney, Rezendes & Crowley can help you calculate your proper rate, file your claim, and handle insurer disputes.
📞 Call (617) 426-9797 or visit www.carnlaw.com for a free consultation today.