What Is Section 34A in Massachusetts Workers’ Compensation?

If you’ve been seriously injured at work and are unable to return to any form of employment, you may be entitled to Section 34A benefits under Massachusetts workers’ compensation law. Section 34A provides permanent and total disability benefits to injured workers whose medical condition prevents them from earning wages on a long-term or permanent basis.

What Are Section 34A Benefits?

Under Massachusetts General Laws Chapter 152, Section 34A is the highest level of wage replacement available. These benefits are paid when an injured worker is considered both:

• Permanently disabled, and
• Totally unable to work in any capacity

Unlike temporary benefits, Section 34A is designed for individuals whose injuries have resulted in a lasting and severe impact on their ability to earn a living.

How Much Does Section 34A Pay?

Section 34A benefits are calculated as:

• 66.67% of your average weekly wage (AWW)
• Subject to the state maximum weekly compensation rate

These benefits are typically paid weekly and ongoing, and in many cases, they may continue for the rest of your life if your disability remains permanent and total.

How Is Section 34A Different from Other Benefits?

It’s important to understand how Section 34A compares to other types of workers’ compensation benefits:

• Section 34 (Temporary Total Disability): Pays 60% of your AWW for up to 156 weeks
• Section 35 (Temporary Partial Disability): Pays up to 75% of your Section 34 rate for up to 208 weeks
• Section 34A (Permanent and Total Disability): Pays 66.67% of your AWW for as long as you remain permanently and totally disabled

Section 34A is typically pursued after Section 34 benefits are exhausted or when medical evidence clearly establishes permanent and total disability.

What Do You Need to Qualify for Section 34A?

To qualify for Section 34A benefits, you must present strong medical and vocational evidence showing that:

• You are unable to perform any gainful employment, not just your prior job
• Your condition is expected to be permanent
• Your disability is causally related to your work injury

This often requires detailed medical reports from your treating physicians and may involve an independent medical examination (IME) requested by the insurance company.

How Do You File for Section 34A Benefits?

A claim for Section 34A benefits is filed with the Massachusetts Department of Industrial Accidents. The process typically includes:

1. Filing a formal claim (Form 110)
2. Attending a conciliation
3. Proceeding to a conference before an Administrative Judge
4. If necessary, advancing to a hearing with testimony and medical evidence

At the conference and hearing stages, the judge will evaluate whether the medical evidence supports a finding of permanent and total disability.

Why Section 34A Matters

Section 34A benefits can be life-changing. They provide long-term financial stability for injured workers who cannot return to the workforce. Because these claims involve complex medical and legal issues, insurance companies often dispute them aggressively.

If you believe you may qualify for Section 34A, it is critical to act quickly, gather strong medical evidence, and present your case effectively.

Speak With a Massachusetts Workers’ Compensation Lawyer

At Chisholm Law LLC, we focus exclusively on representing injured workers across Massachusetts. If your benefits have been denied, reduced, or terminated, or if you believe you qualify for Section 34A, we can help you pursue the maximum benefits available under the law.

Contact us today for a consultation and take the next step toward securing your financial future.