Massachusetts claim guide

Massachusetts Workers’ Compensation Guide 2026

Understand injury reporting, Form 110, insurer response, medical-provider choice, incapacity benefits, conciliation, and official assistance.

Reviewed: August 27, 2026 · Massachusetts Department of Industrial Accidents

Report the injury immediately and preserve proof

Massachusetts law requires notice as soon as practicable. Tell a supervisor or employer promptly, preferably in writing, and identify the date, location, mechanism, symptoms, and every affected body part. If incapacity prevents full wages for five or more calendar days, the employer generally must file a First Report of Injury.

The DIA’s worker guide says that if the insurer has not received the employer’s report within 30 days, the worker can file Form 110. Do not treat 30 days as permission to delay notice. Save the report, wage records, medical notes, restrictions, receipts, mileage, and insurer correspondence.

Use Form 110 when benefits are disputed or not started

An unrepresented employee generally files the DIA Employee Claim, Form 110, with supporting medical documentation and sends the required copies to the DIA and insurer. The general limitations period is four years from when the employee first became aware of the causal relationship between disability and employment, but notice, third-party, death, and other provisions can create different issues.

Within 14 days after receiving the employer’s first report or an initial written weekly-benefit claim, the insurer generally must begin payments or issue a written denial stating the grounds. A voluntary payment period is not necessarily a final acceptance of liability.

Medical choice depends on the first appointment and provider arrangement

The insurer must furnish adequate and reasonable health care. Under § 30, a preferred-provider arrangement may require the first scheduled appointment within its plan. After that first appointment, the worker may generally select a treating professional outside the offered provider and may change once; a referral to a specialty also permits one change within that specialty.

Emergency treatment should not wait. Additional providers may require agreement or an administrative decision. The worker may also be required to attend an insurer-paid medical examination; unjustified refusal can suspend compensation. Keep referrals, treatment plans, restrictions, bills, mileage, and examination notices.

Main benefit categories

Temporary total incapacity

Generally 60% of AWW within the applicable rate-period limits, for up to 156 weeks. Use the Massachusetts Calculator.

Partial incapacity

Generally 60% of earning-capacity loss, capped at 75% of theoretical § 34 TTD and usually limited to 260 weeks.

Medical benefits

Adequate and reasonable care, medicines, and necessary incidental expenses under § 30.

Permanent and total incapacity

Generally 66⅔% of AWW within applicable limits while qualifying permanent-total incapacity continues.

Specific injury benefits

Section 36 provides separate compensation for listed loss of function, scarring, and disfigurement.

Death benefits

Qualifying dependents may receive weekly payments, burial expense, and applicable dependent rules.

Review the Massachusetts Benefits Chart for rates, durations, waiting days, and filing references.

Disputed claims begin with conciliation

After a claim or insurer complaint is filed, the DIA’s dispute-resolution process generally begins with conciliation. Unresolved matters may proceed to conference, hearing, reviewing-board appeal, and judicial review. Each stage has its own evidence and deadline requirements.

A denial, modification, termination request, or discontinuance does not itself prove the worker is ineligible. Conversely, temporary voluntary payments do not eliminate the worker’s burden on contested issues. Keep every denial form and order and respond within the stated time.

Medical evidence must connect incapacity to the work injury.

Form 110 claims should include relevant medical support; wage loss alone does not establish compensability or incapacity.

Practical next steps

  1. Report the injury now.Give written details and keep a copy.
  2. Obtain appropriate medical care.Check whether the first scheduled visit must use a preferred provider.
  3. Watch the insurer response.Track the employer’s report and the 14-day payment-or-denial period.
  4. File Form 110 when needed.Attach medical proof and serve the required copies.

Department of Industrial Accidents

DIA Office of Information and Education: 617-727-4900 ext. 7470 · toll-free 800-323-3249 ext. 7470.

Visit Massachusetts DIA →

Official sources

  1. DIA Injured Worker’s Guide.
  2. DIA claim-filing instructions.
  3. M.G.L. c. 152, § 7: insurer response.
  4. M.G.L. c. 152, § 30: medical care.
  5. M.G.L. c. 152, § 41: notice and filing period.

Page last reviewed: August 27, 2026. Educational information only; not legal advice.