Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 38 (2026)

Consideration of employee's savings, insurance and other benefits

✓ current as of July 2026

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Section 38. Except as expressly provided elsewhere in this chapter, no savings or insurance of the injured employee independent of this chapter shall be considered in determining compensation payable thereunder, nor shall benefits derived from any other source than the insurer be considered in such determination.

Notes of Decisions

Cited in 6 cases, 1924–2008 · leading case: Louis's Case, 676 N.E.2d 791 (Mass. 1997).

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Louis's Case, 676 N.E.2d 791 (Mass. 1997). “G. L. c. 152, § 38 (1994 ed.). Partial disability benefits, however, are explicitly created by c.”

Seymour's Case, 381 N.E.2d 1121 (Mass. App. Ct. 1978). “G. L. c. 152, § 38. Federico’s Case, 283 Mass.”

Sensk's Case, 141 N.E. 877 (Mass. 1924). “The employee was entitled to recover compensation in accordance with the statute, while incapacity for work continued. G. L. c. 152, § 35. Savings or insurance of the injured employee independent of the statute cannot be considered; “ nor shall benefits derived from any other…”

Haines's Case, 887 N.E.2d 1070 (Mass. App. Ct. 2008). “” G. L. c. 152, § 38,. as amended by St. 1986, c.”

Mike's Case, 895 N.E.2d 512 (Mass. App. Ct. 2008). “G. L. c. 152, § 38.” Louis’s Case, 424 Mass.”

Pina's Case, 664 N.E.2d 475 (Mass. App. Ct. 1996). “See also G. L. c. 152, § 38, as amended by St. 1986, c.”

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