Workers' Compensation: Massachusetts

Federal law and guidance on this subject should be reviewed together with this section.

Author: Daniel O'Brien, Fisher Phillips

Summary

• All Massachusetts employers are required to post the Massachusetts Workers' Compensation Insurance Poster in the workplace. See Notice Requirements.
• Massachusetts defines employers for the purposes of workers' compensation law, in its own unique way. See Covered Employers.
• Alternatively, Massachusetts uses the traditional definition for employees for purposes of workers' compensation law, but also includes a group of individuals that are not recognized as employees in some other jurisdictions. See Covered Employees.
• Massachusetts has state legislation that guides employers insofar as determining whether individuals are employees or independent contractors, a crucial analysis for purposes of workers' compensation. See Independent Contractors.
• The Massachusetts Workers' Compensation Act is the exclusive remedy for an employee against their employers who has workers' compensation coverage, with some exceptions. See Compensable Injuries.
• Some covered employers or their insurers may not be held liable for certain workers' compensation claims, depending on the nature of the incident which gave rise to the employee's claim for benefits. See Employer Defenses to Workers' Compensation Claims.
• An injured employee is entitled to certain health care services and medication, and has the right to select his or her treating physician. The employer or its insurance carrier also has some control over the nature and extent of medical treatment. See Medical Benefits.
• In addition to paying for medical costs associated with work-related injuries, workers' compensation benefits also include payment in the form of wage replacement and other benefits. See Other Benefits.
• Massachusetts state law controls the method and manner by which workers' compensation benefits are calculated. See Calculation of Benefits.
• Employers may receive discounts or other incentives from private insurance carriers if they utilize strict safety procedures. See Safety.
• Massachusetts employers are prohibited from discharging, refusing to hire, or otherwise discriminating against employees who have made workers' compensation claims. See Retaliation and Interference.