Massachusetts Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Massachusetts workers' comp attorneys who handle claims before the Department of Industrial Accidents (DIA). From biotech and life-sciences in Cambridge and Kendall Square, to healthcare across the Longwood Medical Area, to construction and trades across Greater Boston, we'll match you with the right attorney at no cost to get started.

Notice to the employer as soon as practicable, and the formal claim must be filed within 4 years of injury or 4 years from the worker's reasonable knowledge that the condition was work-related under M.G.L. Ch. 152 § 41. Massachusetts has one of the longer SOLs in the country.

You do. Massachusetts is an employee-choice state under M.G.L. Ch. 152 § 30 — workers pick their own treating physician. The insurer can require an IME but cannot direct care.

Massachusetts is unusual: under M.G.L. Ch. 152 § 13A, the insurer pays the employee's attorney fees on most prevailing claims — workers often recover net benefits without paying fees out of pocket. Otherwise fees are DIA-approved. Third-party tort claims run on standard 33%–40% contingency.

Section 11A requires a Board-appointed impartial physician to examine the worker once a claim is in DIA litigation. That physician's report is the only medical evidence admissible at the hearing (subject to exceptions), so the impartial exam often decides the case.

Generally no — exclusive remedy under M.G.L. Ch. 152 § 24. Narrow exceptions for intentional acts. Third-party claims against non-employers (contractors, equipment makers, negligent drivers) are not barred.

Medical treatment, TTD at 60% of AWW (§ 34), partial incapacity at 60% of wage difference (§ 35), permanent and total disability at 66 2/3% of AWW for life (§ 34A), specific-loss benefits (§ 36), and death benefits (§ 31).

Massachusetts recognizes a retaliation claim under M.G.L. Ch. 152 § 75B for terminating an employee for filing a comp claim. Damages outside comp can include back pay and emotional distress.

Why Do You Need a Workers' Compensation Attorney in Massachusetts?

Massachusetts's Workers' Compensation Act (M.G.L. Ch. 152) is administered by the Department of Industrial Accidents (DIA). Massachusetts pays TTD at 60% of AWW under § 34 — lower than the 66 2/3% used in most states — but partial-incapacity benefits under § 35 (60% of the difference) and permanent-and-total benefits under § 34A (66 2/3% of AWW for life) often make total recovery substantial. The system is employee-choice on doctors under § 30. A defining feature: when the insurer denies a claim and the worker prevails, the insurer typically pays the worker's attorney fees under § 13A — meaning workers often recover net benefits without paying out of pocket. Greater Boston's healthcare, biotech, university, and construction sectors generate steady serious claims. An experienced Massachusetts attorney secures the right disability classification, navigates the impartial-examiner system under § 11A, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in Massachusetts?

Our network includes Massachusetts workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Massachusetts

From the moment you connect with a Massachusetts workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Failing to file the claim within the § 41 4-year SOL — Massachusetts is generous but not unlimited

Accepting the § 11A impartial examiner's report without challenging it as inadequate or complex

Accepting independent-contractor classification when the ABC test under Ch. 149 § 148B says otherwise

Settling before reaching MMI and addressing future medical needs

Failing to transition from § 34 TTD to § 34A PTD or § 35 partial at the right time

Missing a § 15 third-party claim against equipment makers, contractors, or at-fault drivers

Failing to file the claim within the § 41 4-year SOL — Massachusetts is generous but not unlimited

Accepting the § 11A impartial examiner's report without challenging it as inadequate or complex

Accepting independent-contractor classification when the ABC test under Ch. 149 § 148B says otherwise

Settling before reaching MMI and addressing future medical needs

Failing to transition from § 34 TTD to § 34A PTD or § 35 partial at the right time

Missing a § 15 third-party claim against equipment makers, contractors, or at-fault drivers

Common Massachusetts Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Massachusetts Workers' Compensation Attorneys Cost?

20%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Massachusetts is unusual: under M.G.L. Ch. 152 § 13A, the insurer typically pays the employee's attorney fees when the worker prevails — so workers often recover net benefits without paying fees out of pocket. Where fees are charged to the worker, they're DIA-approved, typically ~20%. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Massachusetts Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under M.G.L. Ch. 152 § 30, including future medical when needed for the work injury.

Temporary Total Incapacity (§ 34)

60% of average weekly wage, capped at the state AWW. Maximum 156 weeks under § 34.

Partial Incapacity (§ 35)

60% of the difference between pre-injury and post-injury earning capacity, generally up to 260 weeks (longer with permanent impairment).

Permanent and Total Incapacity (§ 34A)

66 2/3% of AWW for life when the worker is permanently and totally incapable of gainful employment.

Specific Loss / Disfigurement (§ 36)

Lump-sum benefits for loss of function and disfigurement on top of weekly disability benefits.

Death Benefits (§ 31)

Weekly benefits to surviving spouse and dependents, plus burial expenses.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Massachusetts Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Massachusetts?

When Do You Need a Workers' Compensation Attorney in Massachusetts?

Types of Workers' Compensation Cases in Massachusetts

Common Massachusetts Workers' Compensation Mistakes

How Much Do Massachusetts Workers' Compensation Attorneys Cost?

What Can Your Massachusetts Workers' Compensation Compensation Include?

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