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Nestled in the heart of New England, Massachusetts is a landmark of American history. From the cobblestone streets of Boston’s historic districts to the serene shores of Cape Cod and Martha’s Vineyard, the Bay State is home to captivating landscapes and storied monuments.
Renowned for its prestigious universities, groundbreaking research institutions and thriving arts scene, Massachusetts embodies a spirit of innovation and intellectual curiosity that offers various business opportunities. When it comes to protecting your business and employees, finding the right workers’ compensation insurance is essential.
Workers’ compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Workers’ compensation is required for employers, no matter the number of hours worked or the number of employees in Massachusetts.
Without workers’ compensation, the cost of a work-related injured or employee’s medical treatment could become the responsibility of your business.
The Department of Industrial Accidents under the Executive Office of Labor and Workforce Development administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Office of Self Insurance can approve self-insured requests based on financial requirements.
Employees can use Massachusetts’ workers’ compensation verification tool to see if their employer has coverage.
Policies include protection for full and part-time employees.
Some exemptions from workers’ comp in Massachusetts may include, for example:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Massachusetts workers’ comp insurance provides four types of benefits for work injuries:
The weekly compensation rate in Massachusetts is 60% of the employee’s average weekly wage. This amount is not to exceed or fall below a maximum and minimum compensation rate set by the Massachusetts Division of Unemployment.
Find more information on Massachusetts workers’ compensation rates.
In the event of a work-related injury or illness:
Employees in Massachusetts should report their injury to their employer immediately.
The employee should immediately seek medical attention.
An employee must be fully or partially disabled for five calendar days to report the injury to the Department of Industrial Accidents. The employer should file a report of the accident within seven calendar days of the fifth day of disability.
If the employee is disabled less than five days, the employer should file a medical only claim to their workers’ compensation partner.
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.
In Massachusetts, the employer can choose a healthcare provider within their preferred provider arrangement with their workers’ compensation partner. After initial treatment, the injured worker can choose their healthcare provider. The employer’s workers' comp partner has the right to send the injured worker to see its doctor for evaluation periodically.
If an employee or employer wishes to dispute a claim, they can use the Department of Industrial Accidents’ conciliation services. Conciliation is an informal meeting where a conciliator helps the parties reach a voluntary agreement.
Generally, employers in Massachusetts with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Employers who fail to provide workers’ compensation coverage will receive a stop work order from the Department of Industrial Accidents’ Office of Investigations. Minimum fines are $100 per day and continue until insurance coverage starts and the fine is paid.
Employers issued a stop work order may be subject to criminal charges, including up to one year in prison and a $1,500 fine upon conviction. Uninsured employers are also subject to debarment from public contracts for three years.
In most cases, employees in Massachusetts are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Massachusetts. Workers' compensation laws typically apply to employees rather than independent contractors. However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can use Massachusetts’ workers’ compensation verification tool to see if their employer has coverage.