Workers' Compensation Funding in Massachusetts

Workers' Compensation Funding in Massachusetts

Massachusetts's 4-year discovery-based filing rule, DIA process, and fixed-dollar scarring schedule shape what a Massachusetts comp claim can support.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Massachusetts law and funding terms: Workers' Compensation Funding

The Massachusetts rules that shape this claim

The rules below shape how a Massachusetts workers' compensation funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

A claim generally must be filed within four years from the date the employee first became aware, or reasonably should have become aware, of the causal relationship between the disability and the employment (M.G.L. c.152 §41); in the event of death, a claim generally must be made within four years of the death.

Comparative Fault Rule

Massachusetts's workers' compensation system is built on a no-fault exchange — an employee receives guaranteed benefits without proving employer negligence, and in return generally cannot bring a civil personal-injury suit against the employer. The exception applies where the employer's conduct amounts to a genuinely intentional act causing the injury, a standard Massachusetts courts have kept narrow (Foley v. Polaroid Corp., 381 Mass. 545 (1980)); Massachusetts separately allows enhanced compensation — double the ordinary benefit — under M.G.L. c.152 §28 where the injury resulted from the employer's serious and wilful misconduct, without that enhancement itself opening a tort remedy.

Damages Caps

Temporary total incapacity is paid at 60% of average weekly wage up to a statewide maximum, generally for up to 156 weeks unless the disability is determined permanent (M.G.L. c.152 §34); permanent and total incapacity is addressed separately under §34A, and partial incapacity under §35. Massachusetts is distinctive in also compensating certain scarring and disfigurement, and specified losses, through a fixed-dollar schedule under §36 — a flat statutory dollar figure per category rather than a number of weeks tied to wage rate, unlike the weeks-based schedules used in most other states in this profile.

Pre-Judgment Interest

Pre-judgment interest in the ordinary civil sense is not a feature of DIA-administered benefits; Massachusetts's notably high, fixed 12% annual pre-judgment interest rate on tort damages (M.G.L. c.231 §6B) instead applies to a related third-party civil claim arising from the same work injury.

Venue

Massachusetts workers' compensation claims are administered and adjudicated by the Department of Industrial Accidents (DIA), not by a Massachusetts trial court. A related third-party civil claim is filed in the Massachusetts county where a defendant resides or has a place of business, or where the claim arose (M.G.L. c.223 §1).

Funding-Specific Statute

Massachusetts has no dedicated consumer litigation funding statute. No statutory cap.

State law

How Massachusetts regulates consumer legal funding

Statute
Massachusetts has no dedicated consumer litigation funding statute.
Rate or fee limit
No statutory cap. Massachusetts has no enacted consumer litigation funding statute; a pending bill (S.680) would create a 36% annual charge cap, but it has not passed.
Disclosure
None required by statute.

Reviewed September 17, 2026. Legal information, not legal advice.

Terms

How terms are set for Massachusetts plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Typical timeline

A Massachusetts comp claim with accepted incapacity and a clear scarring or specified-loss determination under §36 commonly resolves within a year; a claim disputing the transition from temporary to permanent incapacity, or contesting entitlement past the standard temporary-incapacity period, typically runs longer before the DIA.

How Massachusetts law affects funding this claim

Why does Massachusetts's fixed-dollar scarring and specified-loss schedule stand out in this profile?

Where most states pay an enumerated body-part loss as a number of weeks at the worker's wage rate, Massachusetts instead assigns a flat statutory dollar figure per category of scarring, disfigurement, or specified loss under §36 — a structurally different mechanism that decouples the award from the worker's own wage level.

This means two Massachusetts workers with the same qualifying injury but very different wage levels can receive the same §36 award, unlike a weeks-based state where a higher-wage worker's award for the identical injury would be larger — a distinction worth understanding when comparing an expected Massachusetts comp recovery to a similar claim in another state in this profile.

How does Massachusetts's high fixed pre-judgment interest rate affect a related third-party claim?

Because Massachusetts mandates a fixed 12% annual pre-judgment interest rate on tort damages running from when the cause of action arose, a third-party civil claim connected to a Massachusetts workplace injury accrues value more predictably over time than in most other states in this profile, where pre-judgment interest is discretionary or unavailable.

For an extended-litigation third-party claim — for example, against an equipment manufacturer where liability is contested — that fixed rate can add a substantial amount to the eventual recovery, which is a meaningful factor in valuing the non-comp side of a Massachusetts workplace-injury matter.

FAQ

Workers' Compensation Funding questions in Massachusetts

Sources & references

M.G.L. c.152 §41 · M.G.L. c.152 §28 · M.G.L. c.152 §34 · M.G.L. c.152 §34A · M.G.L. c.152 §35 · M.G.L. c.152 §36 · Foley v. Polaroid Corp., 381 Mass. 545 (1980) · M.G.L. c.231 §6B · M.G.L. c.223 §1

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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