Employees injured on the job in Massachusetts often rely on workers’ compensation to make ends meet. But many are caught off guard by something called the “waiting week.” This built-in delay can affect when benefits start, how much workers receive, and what steps they need to take to secure retroactive payments. Understanding how the waiting period works is key to managing expectations and ensuring proper documentation from the start.

The 5-Day Waiting Period Rule in Massachusetts

Massachusetts General Laws Chapter 152 §29 outlines a mandatory waiting period before temporary total disability (TTD) benefits begin. Under this rule, an injured worker must be out of work for five full calendar days (not necessarily consecutive) due to their injury before wage replacement benefits kick in.

This “waiting week” acts as a filter to reduce administrative burdens for minor injuries that resolve quickly. However, if the disability extends beyond 21 days, those first five days become retroactively compensable.

Here’s a breakdown:

  • If the worker is disabled fewer than 5 days: No compensation is paid.
  • If disabled 5–20 days: Benefits start after day 5, but no payment for those initial days.
  • If disabled 21+ days: All days, including the first 5, are paid retroactively.

This structure can cause financial strain for those relying on every paycheck, particularly for low-wage or hourly workers who may not have access to paid leave.

Why the Waiting Week Exists

The waiting period isn’t arbitrary. It was designed to:

  • Prevent fraudulent or exaggerated claims for minor injuries.
  • Limit administrative overload for insurers and employers.
  • Encourage quick return-to-work when feasible.

While these goals are practical from an insurer’s standpoint, injured workers may view the delay as an unnecessary obstacle during a difficult time.

Massachusetts is not alone in implementing a waiting period—most states have some form of it—but the specifics vary widely. Some states offer shorter waiting times or waive the delay entirely under certain conditions.

How Retroactive Benefits Work After 21 Days

Once the 21-day disability threshold is met, the insurer is required to go back and issue payment for the waiting week. This includes the same weekly average wage replacement (typically 60% of the employee’s gross average weekly wage) that applies to all temporary total disability benefits.

However, retroactive payments are not automatic. Employees should:

  • Keep detailed records of all days missed due to the injury.
  • Promptly submit medical documentation supporting the length of disability.
  • Follow up with the insurer or legal counsel to ensure proper payment is issued.

Without careful documentation, insurers may resist issuing retroactive pay—especially if the worker returned to limited duties or if there’s disagreement over the length of total disability.

Claim Filing and Employer Responsibilities

An employer must file the Form 101 - Employer's First Report of Injury with their insurer within seven calendar days of learning about the employee’s absence of five or more days. From there, the insurer has 14 days to either begin payment or issue a denial.

If no benefits are paid after the waiting week and the injury qualifies, the worker can:

  • File a claim with the Massachusetts Department of Industrial Accidents (DIA).
  • Seek help from an experienced workers' comp attorney if payment is delayed or denied.

Late filings or insufficient documentation can slow down the process or even jeopardize a claim altogether.

Strategies to Bridge the Waiting Period

While waiting for benefits to begin, injured employees may need to explore stopgap solutions:

  • Use sick leave or paid time off if available.
  • Apply for short-term disability insurance, if offered through an employer-sponsored plan.
  • Seek assistance through local nonprofit resources that support injured workers or low-income households.

Workers should also prioritize medical documentation and communication with healthcare providers to ensure injury severity and work restrictions are clearly stated and documented.

Common Mistakes That Lead to Denied Retroactive Benefits

Even when a disability extends beyond 21 days, retroactive benefits can be withheld for various reasons:

  • Lack of consistent medical treatment during the first 5 days.
  • Gaps in documentation or failure to submit required forms.
  • Disputes over when the injury occurred or whether the work injury caused the missed days.

To reduce the risk of denial:

Legal Support Can Make a Difference

Because workers’ compensation insurers may challenge aspects of a claim, many workers benefit from having an attorney guide them through the process—especially when disputes arise about payment timing or retroactive eligibility.

Legal professionals can:

  • Ensure the waiting week is correctly calculated.
  • Gather documentation and submit appeals, if necessary.
  • Advocate for maximum compensation, including penalties for unreasonable insurer delays.

Conclusion

Massachusetts’ five-day waiting period for disability benefits can catch injured workers off guard. While designed to reduce unnecessary claims, it may delay critical income for those in genuine need. Fortunately, if a disability lasts longer than 21 days, that waiting week is eligible for retroactive pay—provided the claim is well-documented and properly filed. Understanding this rule and proactively managing the claims process can make a significant difference in financial stability during recovery.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident in Massachusetts, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury in the workplace. 

Contact us now for a free legal review.

Still have questions?

Call now and be done