Receiving Benefits

You do not have to miss much work to be eligible for workers' compensation benefits. If you miss more than 5 days of work (consecutive or not), you are entitled to weekly compensation benefits. If the total period of your disability is less than 21 days, your right to benefits begins after the fifth day of disability and is not retroactive to the first day. However, if you remain out of work for 21 days or more, you receive benefits from the first day that you began losing time.

The amount of compensation you receive is based on the date of your injury and your average weekly wages. If you were injured on or after December 23, 1991, and if you are totally disabled, you will receive a weekly compensation that equals 60% of your average weekly wages as long as that amount does not exceed the maximum amount payable. The weekly maximum is equal to the average weekly wage in Massachusetts, as determined on October 1 of each year by the director of the Department of Employment Security. The weekly maximum, which has increased every year, is currently more than $1,100.00 per week.

Additionally, workers' compensation benefits are not subject to Federal, state, local, or Social Security tax.