How much is a big toe injury worth in Massachusetts workers' comp?
How Massachusetts workers' compensation pays for a big toe injury, the 2026 benefit rates, and what to check before you accept a settlement.
How a big toe injury is paid in Massachusetts
Massachusetts's schedule has no separate entry for the big toe. Permanent injuries that are not on the schedule are paid under the general rule: No impairment-rating award for the body as a whole; ongoing partial incapacity is paid under Sec. 35 at 60% of the difference between pre-injury AWW and post-injury earning capacity.
General rule for permanent injuries in Massachusetts: No impairment-rating award for the body as a whole; ongoing partial incapacity is paid under Sec. 35 at 60% of the difference between pre-injury AWW and post-injury earning capacity.
What is different in Massachusetts
Massachusetts does not pay weeks per body part: Sec. 36 specific-loss awards are a one-time lump sum equal to the state average weekly wage times a statutory multiplier, paid on top of weekly wage-loss benefits. Disfigurement awards (up to $15,000) are limited to the face, neck or hands when purely scar-based.
Settlement value vs. the statutory award
The figures on this page are what Massachusetts law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a big toe injury helps you judge whether an offer is low.
Massachusetts vs. neighboring states
| State | How a big toe injury is paid | Max for total loss |
|---|---|---|
| Massachusetts | impairment rating (see rule) | — |
| Connecticut | 28 weeks | $48,048 |
| New Hampshire | 18 weeks | $41,562 |
| New York | 38 weeks | $48,697 |
| Rhode Island | 38 weeks | $6,840 |
| Vermont | whole-person % × 330 weeks | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in Massachusetts
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 60% of AWW |
|---|---|
| Maximum weekly benefit | $1,922.48 (2025-10-01 to 2026-09-30) |
| Minimum weekly benefit | $384.50 (20% of SAWW; if AWW is below the minimum, benefit equals AWW) |
| Waiting period | 5 days |
| Waiting days paid back after | 21 days of disability |
| Time limit on temporary benefits | 156 weeks |
Estimate your weekly check
Frequently asked questions
How is a big toe injury paid in Massachusetts workers' comp?
Massachusetts's schedule has no separate entry for the big toe. Permanent injuries that are not on the schedule are paid under the general rule: No impairment-rating award for the body as a whole; ongoing partial incapacity is paid under Sec. 35 at 60% of the difference between pre-injury AWW and post-injury earning capacity.
What is the maximum weekly workers' comp benefit in Massachusetts in 2026?
The maximum weekly temporary total disability benefit is $1,922.48 (2025-10-01 to 2026-09-30).
Is there a waiting period in Massachusetts?
Yes. Massachusetts does not pay the first 5 days of lost time, but pays them back once disability lasts more than 21 days.
Which law sets these amounts?
M.G.L. c. 152 ss. 29, 34, 35, 36, 1(10). The official sources are linked at the bottom of this page.
Other injuries in Massachusetts
Law and official sources
Official sources
Statute: M.G.L. c. 152 ss. 29, 34, 35, 36, 1(10); M.G.L. c. 152 §§ 35, 36 (incl. 36(i) partial loss, 36(j) bodily function, 36(k) disfigurement)
- Department of Industrial Accidents (official site)
- mass.gov/info-details/minimum-and-maximum-compensation-rates
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-34/
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-29/
- law.justia.com/codes/massachusetts/part-i/title-xxi/chapter-152/section-36/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the Massachusetts workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.