Massachusetts Workers Compensation Lawyers Blog
After a work injury, most people focus on medical appointments and healing. The first workers’ compensation check arrives, and it is smaller than expected, stops, or is capped, even though the math on your pay stubs suggests it should be higher. One of the most common reasons is Massachusetts’ annual maximum and minimum weekly benefit limits, which can quietly determine how much you receive, regardless of what you earned before you got hurt. It’s often when a workers’ compensation lawyer can help you understand what applies to your case.
This guide explains the 2025–2026 Massachusetts workers’ comp weekly benefit limits, how they connect to your date of injury, and what to do if you think your checks are wrong. If you need help quickly, Jeffrey Glassman Injury Lawyers can review your situation and explain your options.
The 2025–2026 Massachusetts Workers’ Comp Weekly Max and Min
Massachusetts updates statewide workers’ compensation weekly limits each year, tied to the Statewide Average Weekly Wage (SAWW). The limits are often discussed as the “max” and the “min,” and they apply to common weekly wage replacement benefits like:
- Temporary total incapacity (Section 34)
- Permanent and total incapacity (Section 34A)
- Temporary partial incapacity (Section 35), which has its own cap structure tied to your Section 34 rate
- For injuries on or after October 1, 2025, Massachusetts lists these statewide limits: a maximum of $1,922.48 per week and a minimum of $384.50 per week.
- For injuries on or after October 1, 2024 (often treated as the prior “benefit year” for 2025): maximum $1,829.13 per week and minimum $365.83 per week.
Quick reference: Which numbers apply?
10/1/2024 to 9/30/2025 dates of injury: Max $1,829.13, Min $365.83
10/1/2025 to 9/30/2026 dates of injury: Max $1,922.48, Min $384.50
The key point is this: the applicable max and min depend on your date of injury, not the date your checks start.
What “Date of Injury” Means, and Why It Controls Your Rate
In Massachusetts workers’ compensation, the date of injury usually means the day you were hurt at work. For occupational illnesses or repetitive trauma, it can get more complicated, and the date that legally applies may depend on medical evidence and work history.
Why it matters so much: it is simple, the weekly max and min are pegged to the SAWW in effect “obeforet before the date of injury,” and the workers’ comp statute uses that date to apply the statewide limits.
If your insurer uses the wrong injury date, your weekly check may be incorrect from the start.
How Massachusetts weekly workers’ comp checks are calculated
Most wage replacement benefits start with your Average Weekly Wage (AWW), which is typically based on your gross pay over the period before your injury, often looking back up to 52 weeks.
From there, the statute sets the basic formulas:
- Section 34, Temporary Total Incapacity. If you are totally unable to work due to the injury, Section 34 generally pays 60% of your AWW, but it cannot exceed the state wage. Ifum, and if your AWW is below the statewide minimum, you may receive your actual AWW instead.
- Section 35, Temporary Partial Incapacity. If you can work but earn less because of restrictions, Section 35 generally pays 60% of the difference between your pre-injury AWW and what you are capable of earning after the injury, and it is capped at 75% of what you would receive under Section 34.
- Section 34A, Permanent and Total Incapacity. If you are found permanently and totally disabled, Section 34A generally pays two-thirds of your AWW, again subject to the statewide maximum and minimum.
What the maximum means, why high earners can feel “capped.”
The statewide maximum is a hard ceiling. Even if 60% of your AWW (or two-thirds under 34A) is higher, the weekly check cannot exceed the max for your date of injury.
Real-world example, a cap in 2025–2026
Imagine Jordan earns $3,800 per week gross. A Section 34 rate would be 60% of $3,800, which is $2,280. But if the date of injury is on or after 10/1/2025, the statewide maximum is $1,922.48, so Jordan’s weekly check can be capped at $1,922.48, not $2,280.
This is frustrating, but it is also predictable, and it is one reason accurate wage documentation and benefit classification matter.
What the mim means is not always a “floor” for everyone
The statewide minimum is not simply “you always get at least that amount.” Under Section 34, the statute and the DIA circular guidance recognize a critical exception. If your AWW is less than the minimum weekly compensation rate, the weekly compensation can equal your AWW.
Real-world example, lower wages and the minimum rule
Imagine Alex earned $320 per week and is totally out of work. If the statewide minimum for the date of injury is $384.50, you might assume Alex gets $384.50. But if Alex is below the minimum, the check can be $32 per week because the law requires benefits not to exceed actual earnings in that situation.
This is one place where injured workers often get surprised, and where careful review of wage records and the applicable rule matters.
“Max partial” and why Section 35 can cut checks more than people expect
Partial benefits are already based on wage loss, but the further cap can remain. Under Massachusetts law, the Section 35 weekly benefit cannot exceed 75% of the Section 34 total incapacity rate.
Real-world example, partial benefits capped
Sam’s AWW is $1,600. Section 34 would be 60% of that, or $960. The maximum Section 35 partial rate is 75% of $960, or $720. Even if the “60% of the difference” yields a higher amount, the weekly partial check can be capped at $720.
How to protect your weekly benefits
If your checks seem off, these steps can help you spot problems early:
- Confirm the date of injury in writing. Minor date errors can change which maapplyin applies.
- Gather wage proof. Save pay stubs, W-2s, overtime records, and any bonuses that should count toward your AWW.
- Track work restrictions and job offers. Partial disability often turns on what you are capable of earning, not just what you actually earn.
- Compare your rate to the statewide caps for your injury date. If your rate is above the max, it will be reduced; if it is below the min, the minimum rules and exceptions matter.
- Do not ignore a reduction or termination notice. Deadlines can move fast in workers’ compensation.
When you should hire a Massachusetts workers’ compensation lawyer
Many straightforward claims still become difficult when money is on the line. You should strongly consider speaking with a lawyer if:
- The insurer uses the wrong AWW, ignores overtime, or miscalculates your rate
- Your checks are capped, and you are unsure whether the cap is being applied correctly
- You are pushed from Section 34 to Section 35 with an unrealistic earning capacity
- Benefits are denied, reduced, or discontinued
- You have a serious injury that may affect long-term benefits, including Section 34A
How an attorney helps in a max and min dispute
A workers’ comp attorney can:
- Audit your wage history and AWW calculation for errors
- Confirm the correct max and min limits based on the legally applicable date of injury
- Challenge improper earning capacity assumptions in partial disability cases
- Prepare evidence and represent you at DIA conferences and hearings
- Push back when an insurer tries to underpay, delay, or discontinue benefits without support
Talk with Jeffrey Glassman Injury Lawyers about your workers’ comp checks
If you were hurt at work and your weekly workers’ compensation benefits do not match what you expected, you do not have to figure it out alone. The max and min limits can dramatically affect real families, and a small mistake in the date of injury or wage calculation can cost you thousands over time.
Contact Jeffrey Glassman Injury Lawyers today for a free consultation. We can review your checks, explain how the 2025–2026 Massachusetts weekly benefit limits apply to your claim, and help you fight for every dollar the law allows.