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How much will I receive in weekly workers’ compensation benefits in Massachusetts?

Chisholm Law LLC

How much will I receive in weekly workers’ compensation benefits in Massachusetts?

Weekly workers’ compensation benefits in Massachusetts are based on your average weekly wage (AWW)—which is calculated using your gross earnings during the 52 weeks prior to your work injury. This includes overtime, bonuses, and, in some cases, wages from concurrent employment.

The amount you receive depends on the type of disability benefits you qualify for under Massachusetts law:

  • Temporary Total Disability (Section 34): Pays 60% of your AWW for up to 156 weeks if you are unable to work at all.
  • Temporary Partial Disability (Section 35): Pays up to 75% of your Section 34 rate (a maximum of 45% of your AWW) for up to 260 weeks if you are able to work in a limited capacity.
  • Permanent and Total Disability (Section 34A): Pays 66.67% of your AWW, potentially for life, along with cost-of-living adjustments (COLA) in qualifying cases.

For a more detailed overview of these benefit types, visit our
👉 https://www.chisholmllc.com/practice-areas/workers-compensation/

Important factors that affect your weekly benefit

Even though the formulas seem straightforward, several key factors can significantly impact the amount you actually receive:

  • Maximum Weekly Compensation Rate: Massachusetts sets a cap on weekly benefits based on the statewide average weekly wage. If you are a higher earner, your benefits may be limited by this maximum.
  • Accurate AWW Calculation: The insurance company is responsible for calculating your AWW—but errors are common. If overtime, bonuses, or a second job are not properly included, your weekly checks will be lower than they should be.
  • Changes in Benefit Status: Insurance companies can modify or terminate benefits (for example, moving you from Section 34 to Section 35) if they believe your medical condition has improved.

If your benefits have been denied, reduced, or discontinued, you can learn more about your legal options here:
👉 https://www.chisholmllc.com/blog/what-to-do-if-your-workers-comp-claim-is-denied/

Why your weekly benefit calculation matters

Your weekly compensation rate is one of the most important aspects of your case. Even a small error in your AWW can result in thousands of dollars in lost benefits over time, especially in longer-term disability claims.

If you have questions about whether your workers’ compensation benefits are being calculated correctly—or if your checks don’t seem right—you can contact our office here:
👉 https://www.chisholmllc.com/contact/

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Peabody, MA 01960

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Client Reviews

A Great Lawyer who cares!!!! A 36-year teamster of Local 25 I hire Eric prior to him joining Ketches and Law. Work ending injuries are no fun. After 3 surgeries I settled with my company for a very comfortable...

Kevin Brothers

Very satisfied client! Eric Chisholm, attorney at law has been Phenomenal with my workers compensation case, through the whole procedure Eric has guided me with valuable insight and information. He was always...

Paul

Hands down best guy for the job. Couldn't have done this without Eric. I had actually spoke to a few attorneys before Eric and I didn't feel comfortable with any of them. Eric made me feel comfortable right...

Bob H.

Attorney Chisholm represented me in my workman's compensation case which was settled recently. I was very impressed in which he presented my case with expert knowledge, professionalism, and honest...

Barry

Eric was referred to me by a co worker who was very satisfied with his work. After consulting with Eric i retained him to represent me in my workers comp case. I found him to be knowledgeable as well as...

Joe