Massachusetts workers comp requirements decide exactly when an employer must carry coverage, who counts toward the threshold, and the penalty for going without. This guide breaks down the Massachusetts workers comp requirements in plain English. (Injured instead of hiring? See our Massachusetts settlement and claim guides linked below.) All figures are from Massachusetts sources, verified as of June 2026.
Massachusetts at a Glance
| Required at | 1 employee(s) |
| Which workers count | Coverage is required from the first employee with no minimum count; full-time, part-time, seasonal, and temporary workers all count, and there is no separate construction trigger because all employers are covered from employee one. Domestic/household workers count only if they work 16 or more hours per week. |
| Who is exempt | Sole proprietors of an unincorporated business, partners of a partnership/LLP, and members of an LLC are not required to cover themselves; corporate officers owning at least 25 percent of the corporation may request an exemption for themselves; domestic employees working fewer than 16 hours per week. |
| Penalty for going without | Department of Industrial Accidents issues a Stop Work Order; civil fine of 100 per day minimum (including weekends and holidays) accruing from the SWO date until coverage is obtained and fines are paid, rising to 250 per day if the SWO is appealed; criminal exposure of up to 1 year in prison and/or a fine of up to 1500 upon conviction. |
| Monopolistic state? | No — private carriers |
In This Massachusetts Guide:
Is Workers’ Comp Required in Massachusetts?
Yes — Massachusetts requires every employer to carry workers’ compensation insurance for all employees from the very first employee, regardless of hours worked or number of workers.
Massachusetts Workers’ Comp Requirements at a Glance
Here are the exact Massachusetts workers comp requirements every employer should know:
| Employees that trigger the mandate | 1 |
| Which workers count | Coverage is required from the first employee with no minimum count; full-time, part-time, seasonal, and temporary workers all count, and there is no separate construction trigger because all employers are covered from employee one. Domestic/household workers count only if they work 16 or more hours per week. |
| Who is exempt | Sole proprietors of an unincorporated business, partners of a partnership/LLP, and members of an LLC are not required to cover themselves; corporate officers owning at least 25 percent of the corporation may request an exemption for themselves; domestic employees working fewer than 16 hours per week. |
| Owners & officers | Yes — a corporate officer who owns at least 25 percent interest in the corporation can exclude themselves by filing an exemption affidavit (Form 153, Affidavit for Certification of Exemption) with the Department of Industrial Accidents; sole proprietors, partners, and LLC members are automatically excludable for themselves. |
| Penalty for going without | Department of Industrial Accidents issues a Stop Work Order; civil fine of 100 per day minimum (including weekends and holidays) accruing from the SWO date until coverage is obtained and fines are paid, rising to 250 per day if the SWO is appealed; criminal exposure of up to 1 year in prison and/or a fine of up to 1500 upon conviction. |
| Monopolistic state? | No — buy from private carriers |
How to Get Workers’ Comp Coverage in Massachusetts
Buy a policy from any licensed private workers’ comp insurer; employers unable to obtain coverage on the voluntary market use the Massachusetts assigned-risk pool administered by The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the state’s independent rating bureau (Massachusetts is not an NCCI state).
Private market: YES
What Workers’ Comp Covers in Massachusetts
Workers’ compensation is a no-fault system: an injured employee gets benefits without having to prove the employer did anything wrong, and in exchange gives up the right to sue for most workplace injuries. A typical Massachusetts policy pays for medical treatment tied to a work injury, part of the wages lost while the worker recovers, longer-term disability benefits if the injury is permanent, and death benefits to a family.
It also includes employers-liability coverage, which protects the business if an injury still leads to a lawsuit.
Employees vs. Independent Contractors in Massachusetts
The most common way employers get the Massachusetts workers comp requirements wrong is by assuming a worker is an “independent contractor” who does not count. State agencies look at how the work is actually controlled, not the label on a 1099. If Massachusetts decides a contractor was really an employee, the business can owe back premiums and penalties as if coverage should have been in place all along.
When you are close to the employee threshold, confirm each worker’s status with your state board before you decide you are exempt.
Other Massachusetts workers’-comp rules: Domestic/household employees are covered only at 16+ hours per week. Massachusetts is an independent rating-bureau state (WCRIBMA), not NCCI. For injuries on or after October 1, 2025, the maximum weekly benefit is 1922.48 and the minimum is 384.50, reset every October 1 by the Commissioner based on the state average weekly wage.
This is a neutral reference; many claimants should confirm specifics with the DIA and a licensed Massachusetts attorney.
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Understanding Massachusetts Workers Comp Requirements
The Massachusetts workers comp requirements exist so injured employees get care and lost wages without having to sue. For most employers, the Massachusetts workers comp requirements come down to one number: the employee count that triggers the mandate, shown in the table above. Once you hit that count, Massachusetts workers comp requirements apply whether you planned for them or not, and the penalty for going without is real.
If any part of the Massachusetts workers comp requirements is unclear, your state board can confirm the threshold, the exemptions, and how to get covered.
Need to get covered? If you are an employer in Massachusetts shopping for a policy, our sister site compares small-business insurance, including workers’ comp. Compare business insurance options →
Frequently Asked Questions
Is workers’ comp required in Massachusetts?
Yes — Massachusetts requires every employer to carry workers’ compensation insurance for all employees from the very first employee, regardless of hours worked or number of workers.
What is the penalty for not having workers’ comp in Massachusetts?
Department of Industrial Accidents issues a Stop Work Order; civil fine of 100 per day minimum (including weekends and holidays) accruing from the SWO date until coverage is obtained and fines are paid, rising to 250 per day if the SWO is appealed; criminal exposure of up to 1 year in prison and/or a fine of up to 1500 upon conviction.
Who is exempt from Massachusetts workers’ comp?
Sole proprietors of an unincorporated business, partners of a partnership/LLP, and members of an LLC are not required to cover themselves; corporate officers owning at least 25 percent of the corporation may request an exemption for themselves; domestic employees working fewer than 16 hours per week.
Official Massachusetts Sources & Resources
- Massachusetts Massachusetts Department of Industrial Accidents (DIA): https://www.mass.gov/orgs/department-of-industrial-accidents
- Massachusetts Workers’ Comp Statute: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
These Massachusetts workers comp requirements were last verified against official sources in June 2026. Rules and penalties change — confirm the current figure with your state workers’-comp board or a licensed agent.
More Massachusetts Workers’ Comp Guides
- Massachusetts Workers’ Comp Settlements
- How to File a Massachusetts Workers’ Comp Claim
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.