Mass. Gen. Laws » Part I Title III Chapter 30
Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 58 (2026)

Injuries sustained in service of state; compensation

✓ current as of July 2026
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Section 58. Any employee of the commonwealth eligible to receive workers' compensation under chapter one hundred and fifty-two who sustains injuries while in the employ of the commonwealth and who has sufficient sick leave credits accrued shall be granted leave of absence with pay for each working day he is absent from his duties because of such injuries until he returns to work or until the case has been approved by the industrial accident board.

Workers' compensation for such period shall be refunded to the state treasurer or spending agency of the commonwealth. The payment by the industrial accident board for such period shall constitute the total refund and the employee shall be credited with the proportionate part of sick leave credits represented by the workers' compensation paid by the industrial accident board.

If the industrial accident board refuses to accept jurisdiction over the case the employee shall not be granted leave with pay in excess of his accumulated sick leave credits or vacation leave.

If an employee of the commonwealth has received payments pursuant to chapter 175M and subsequently receives workers' compensation payments pursuant to chapter 152 for the same period, the state employer agency shall, on behalf of the state employee, return to the department of family and medical leave the portion of the workers' compensation payment that represents an overpayment of benefits pursuant to section 3 of said chapter 175M.

Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in the employee's custody or, in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners, and who as a result of such injury would be entitled to benefits under said chapter one hundred and fifty-two, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter one hundred and fifty-two and his regular salary, without such absence being charged against available sick leave credits, even if such absence may be for less than eight calendar days' duration.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1996–2024 · leading case: DaLuz v. Dep't of Corr., 746 N.E.2d 501 (Mass. 2001).
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DaLuz v. Dep't of Corr., 746 N.E.2d 501 (Mass. 2001). · cites it 22× “The plaintiffs sought to enjoin the department from reducing 2 their assault pay benefits under G. L. c. 30, § 58, while they were collecting workers’ compensation benefits under G.”
Modica v. Sheriff of Suffolk Cnty., 74 N.E.3d 1233 (Mass. 2017). · cites it 4× “126, § 18A, and G. L. c. 30, § 58, the Legislature has afforded correction officers additional compensation to close the gap between workers’ compensation benefits and an employee’s salary if the employee sustains bodily injury as a result of inmate violence during the course of…”
Tri-Cnty. Youth Programs, Inc. v. Acting Deputy Dir. of the Div. of Emp. & Training, 765 N.E.2d 810 (Mass. App. Ct. 2002). · cites it 2× “See G. L. c. 30, § 58; Chambers v. Lemuel Shattuck Hosp.”
Chambers v. Lemuel Shattuck Hosp., 669 N.E.2d 1079 (Mass. App. Ct. 1996). · cites it 2× “On March 31, 1995, the plaintiff filed this action in Superior Court seeking assault pay benefits under G. L. c. 30, § 58, inserted by St. 1955, c.”
Benson v. Commonwealth, 10 N.E.3d 171 (Mass. App. Ct. 2014). · cites it 3× “On January 1, 2010, the Suffolk County jail was transferred to the Commonwealth, and the plaintiff’s assault pay benefits were paid pursuant to G. L. c. 30, § 58. On February 3, 2012, the plaintiff filed an action in the Superior Court contending that his assault pay wrongfully…”
Presby v. Commissioners of Bristol Cnty., 868 N.E.2d 949 (Mass. App. Ct. 2007). · cites it 2× “211, 212 (1996) (discussing G. L. c. 30, § 58, a provision equivalent to G.”
Flaherty v. Sheriff of Suffolk Cnty., 26 N.E.3d 1124 (Mass. App. Ct. 2015). “See G. L. c. 30, § 58 (providing identical assault pay benefits for employees of the Commonwealth).”
AFSCME, Council 93, Local 419 v. Sheriff of Suffolk Cnty., 936 N.E.2d 908 (Mass. App. Ct. 2010). “In that case, an employee seeking assault pay benefits pursuant to G. L. c. 30, § 58, 6 claimed that the tolling provision of G.”
Marchand v. Dep't of Corr. (Mass. 2016). · cites it 6× “152, as well as assault pay, pursuant to G. L. c. 30, § 58. On November 19, 2010, after a hearing, the department's acting commissioner determined that Marchand was medically unfit for duty and separated him from employment as of that date.”
Cadigan v. Chief Just. for Admin. & Mgmt., 13 Mass. L. Rptr. 703 (Mass. Super. Ct. 2001). · cites it 5× “INTRODUCTION This action presents the question whether a court officer who suffers permanent and disabling injury resulting from violent conduct of a prisoner in his custody, and who thereafter takes accidental disability retirement, is entitled to continued benefits under the…”
Jeffrey Howell v. Sheriff of Essex Cnty.., 101 Mass. App. Ct. 542 (Mass. App. Ct. 2022). · cites it 4× “126, § 18A, or G. L. c. 30, § 58, a similar statute. [Note 1] Beginning in July 2018, the plaintiff depleted his accrued sick leave to supplement his workers' compensation benefits.”
William Howard v. Massachusetts Trial Court. (Mass. App. Ct. 2024). · cites it 2× “In count one of the complaint, he sought so-called "assault pay" pursuant to G. L. c. 30, § 58, to make up the difference between what he was receiving in workers' compensation payments and his salary.”
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