Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 36 (2026)

Specific injuries

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 36. (1) In addition to all other compensation to the employee shall be paid the sums hereafter designated for the following specific injuries; provided, however, that the employee has not died from any cause within thirty days of such injury:

(a) For the loss by enucleation or otherwise or the total loss of use of one eye, or for injury to one eye which produces an inability which is not correctible to use both eyes together for single binocular vision, or the reduction to twenty-seventieths of normal vision in one eye, with glasses, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine.

(b) For the loss by enucleation or otherwise, or the total loss of use of both eyes, or the reduction to twenty-seventieths of normal vision in both eyes, with glasses, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by ninety-six.

(c) For any correctible permanent but partial reduction in either the acuity or field of vision of one or both eyes, such sum in proportion to the amount applicable in the event of total loss, total loss of use, or the reduction to twenty-seventieths of normal vision of one or both eyes as the correctible partial reduction bears to such total loss, total loss of use or reduction to twenty-seventieths of normal vision; provided that, for any permanent but partial reduction in either acuity or field of vision of either eye which requires the use of corrective device, such as glasses or contact lens, to produce normal vision, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by seven.

(d) For the loss of hearing of one ear, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by twenty-nine; for the loss of hearing of both ears, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by seventy-seven.

(e) For the amputation or permanent, total loss of use of the major arm, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by forty-three; for the amputation or permanent total loss of use of the minor arm, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine; for the amputation or permanent total loss of use of both arms, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by ninety-six.

(f) For the amputation or permanent, total loss of use of the major hand at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-four; for the amputation or permanent, total loss of use of the minor hand at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by twenty-nine; for the amputation or permanent, total loss of use of both hands at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by seventy-seven.

(g) For the amputation or permanent, total loss of use of either leg, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine; for the amputation or permanent, total loss of use of both legs, a sum equal to the average weekly wage in the commonwealth on the date of injury multiplied by ninety-six.

(h) For the amputation or permanent, total loss of use of either foot at any point above the ankle joint, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by twenty-nine; for the amputation or permanent, total loss of use of both feet at any point above the ankle joints, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by sixty-eight.

(i) For any permanent but partial loss of use of a member, whether leg, foot, arm, or hand, such sum in proportion to the amount applicable in the event of amputation or permanent, total loss of use of said member as the said partial loss bears to the total loss of use of said member.

(j) For each loss of bodily function or sense, other than those specified in preceding paragraphs of this section, the amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed the average weekly wage in the commonwealth at the date of injury multiplied by thirty-two; provided, however, that the total amount payable under this paragraph shall not exceed the average weekly wage in the commonwealth at the date of injury multiplied by eighty.

(k) For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.

(2) Where applicable, losses under this section shall be determined in accordance with standards set forth in the American Medical Association Guides to the Evaluation of Permanent Impairments. Nothing in this section shall adversely affect the employee's rights to any compensation which is or may become due under the provisions of any other section.

Notes of Decisions
Cited in 42 cases (1 in the last 5 years), 1922–2022 · leading case: Spaniol's Case, 992 N.E.2d 1028 (Mass. 2013).
Sort: Relevance Newest Treatment
Spaniol's Case, 992 N.E.2d 1028 (Mass. 2013). · cites it 5× “152, § 13A (10), allows an insurer to withhold up to twenty-two per cent of an employee’s compensation award for *103 specific injuries under G. L. c. 152, § 36, to offset the insurer’s payment of the attorney’s fees incurred by the employee.”
Walker's Case, 819 N.E.2d 595 (Mass. 2004). · cites it 4× “Is an employee who suffers permanent losses of bodily functions and disfigurement due to a work-related injury involving brain damage, but who survives his injury, entitled to benefits under the “specific injuries” provision of the Workers’ Compensation Act (act), G. L. c. 152,…”
Vouniseas's Case, 324 N.E.2d 916 (Mass. App. Ct. 1975). · cites it 8× “This case arises under the Massachusetts Workmen’s Compensation Act and is before this court on an appeal by the insurer from a Superior Court decree awarding the employee compensation for loss of hearing in both ears, pursuant to G. L. c. 152, § 36 (f), as amended *134 through…”
Benoit v. City of Boston, 75 N.E.3d 1 (Mass. 2017). · cites it 2× “See G. L. c. 152, § 36. Should an employee succumb to a work related injury, certain survivors will receive weekly payments in the employee’s stead.”
Walker's Case, 901 N.E.2d 1227 (Mass. 2009). · cites it 3× “We once again have before us Stanley Walker’s claim for compensation, pursuant to G. L. c. 152, § 36, for specific injuries he suffered in 1995.”
Papanastassiou's Case, 284 N.E.2d 598 (Mass. 1972). · cites it 2× “The insurer further contends that even if the injuries incurred were within the coverage of the act, the claimants did not sustain the burden of proof to permit recovery under G. L. c. 152, §36 (d), (h), (i), (n) and (t).”
Moss's Case, 889 N.E.2d 43 (Mass. 2008). “276 (1992), a case in which the compensation claim was brought under G. L. c. 152, §§ 36 and 36A, 5 and the employee had died following his injury, the board held that § 7A applied *709 to create prima facie evidence that the employee’s death was other than instantaneous and…”
McDonough's Case, 858 N.E.2d 1084 (Mass. 2006). “152, § 36A (designating payments to nondependent relatives, or to special fund, if no dependents exist). As such, the mere fact that our interpretation does not equate with a strict wage replacement scheme does not require us to deviate from the plain language of § 31.”
Wadsworth's Case, 963 N.E.2d 1181 (Mass. 2012). “152, §§ 13 and 30, and benefits for the disfigurement, scarring, and loss of use of his right hand under G. L. c. 152, § 36, and reserved his claim for the doubling of benefits for the “serious and wilful misconduct” of his employer under G.”
Ferreira v. Arrow Mut. Liab. Ins., 447 N.E.2d 1258 (Mass. App. Ct. 1983). “There, an employee died, and the question was whether his dependents were entitled to payments for specific injuries under G. L. c. 152, § 36, in addition to death benefits under § 31.”
Federico's Case, 186 N.E. 599 (Mass. 1933). “The Industrial Accident Board found, however, that his earning capacity and the value of his personal services to the partnership do not exceed $25 a week; Apart from compensation for the injuries specified in G.”
Rival's Case, 391 N.E.2d 932 (Mass. App. Ct. 1979). · cites it 3× “152, § 11, of the following question of law: May an employee who has incurred an injury specified in G. L. c. 152, § 36, 1 and who receives unemployment benefits under c.”
Show all 42 citing cases →
— Mass. Gen. Laws ch. 152, § 36(1) — 1 case
Litchfield's Case, 15 N.E.3d 251 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 152, § 36(2) — 2 cases
Corriveau v. Home Ins., 685 N.E.2d 1208 (Mass. App. Ct. 1997).
Litchfield's Case, 15 N.E.3d 251 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 152, § 36(e) — 1 case
Cherbury's Case, 146 N.E. 683 (Mass. 1925).
— Mass. Gen. Laws ch. 152, § 36(h) — 1 case
Vouniseas's Case, 324 N.E.2d 916 (Mass. App. Ct. 1975). “This case arises under the Massachusetts Workmen’s Compensation Act and is before this court on an appeal by the insurer from a Superior Court decree awarding the employee compensation for loss of hearing in both ears, pursuant to G. L. c. 152, § 36 (f), as amended *134 through…”
— Mass. Gen. Laws ch. 152, § 36(k) — 1 case
Vouniseas's Case, 324 N.E.2d 916 (Mass. App. Ct. 1975). “This case arises under the Massachusetts Workmen’s Compensation Act and is before this court on an appeal by the insurer from a Superior Court decree awarding the employee compensation for loss of hearing in both ears, pursuant to G. L. c. 152, § 36 (f), as amended *134 through…”
— Mass. Gen. Laws ch. 152, § 36(l)(j) — 1 case
Litchfield's Case, 15 N.E.3d 251 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 152, § 36(l)(y) — 1 case
Litchfield's Case, 15 N.E.3d 251 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 152, § 36(o) — 1 case
Cook's Case, 475 N.E.2d 404 (Mass. App. Ct. 1985).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.