The Massachusetts workers compensation act — formally the Massachusetts Workers’ Compensation Act (Massachusetts General Laws Chapter 152, “Workers’ Compensation”), found at Massachusetts General Laws, Part I, Title XXI, Chapter 152 (M.G.L. c. 152) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Massachusetts workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Massachusetts at a Glance
| Official name | Workers’ Compensation Act (Massachusetts General Laws Chapter 152, “Workers’ Compensation”) |
| Where it lives | Massachusetts General Laws, Part I, Title XXI, Chapter 152 (M.G.L. c. 152) |
| First enacted | 1911 |
| Reporting deadline | M.G.L. c. 152 §41 — the worker must give the employer notice “as soon as practicable” after the injury. The required content is in §44. Under §49, late notice generally does not bar a claim unless the insurer was prejudiced by it. |
| Filing deadline | M.G.L. c. 152 §41 — 4 years from the date the employee first became aware that the disability was connected to the job |
| Exclusive remedy | M.G.L. c. 152 §24 (with §23) — accepting coverage waives the worker’s common-law right to sue the employer. The main exception is a worker who reserves that right by written notice to the employer at the time of hire. Separately, §15 allows suits against negligent third parties, and §28 doubles compensation when the employer engaged in “serious and willful misconduct.” |
In This Massachusetts Guide:
What the Massachusetts Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Massachusetts workers compensation act dates to 1911. It lives at Massachusetts General Laws, Part I, Title XXI, Chapter 152 (M.G.L. c. 152), and the official text is linked in the sources.
Massachusetts is one of the few states where a worker can keep the right to sue the employer by giving written notice at the time of hire (§24). Under §75B(1), a worker hurt on the job who can do the essential functions of a job, with or without reasonable accommodation, counts as a “qualified handicapped person” under the state anti-discrimination law (c. 151B).
Under §28, compensation is doubled when the employer engaged in “serious and willful misconduct.” The current maximum and minimum weekly rates are in the DIA’s yearly Circular Letter. Confirm your figures with the DIA and a licensed attorney.
Who the Massachusetts Workers Compensation Act Covers
M.G.L. c. 152 §25A — every employer with 1 or more employees must carry workers’ compensation insurance or be licensed to self-insure. There is no exemption for small businesses. M.G.L. c. 152 §1(4) — the definition of “employee” leaves out some groups, for example seamen in interstate or foreign commerce, professional athletes, and part-time domestic workers under 16 hours per week. Check the current list of exclusions in §1(4).
Deadlines in the Massachusetts Workers Compensation Act
Waiting period: M.G.L. c. 152 §29 — 5 calendar days. If the incapacity lasts 21 days or more, compensation is paid back to the first day.. Wage-loss rate: M.G.L. c. 152 §34 — 60 percent of the pre-injury average weekly wage, up to the maximum weekly rate. Under §1(10), the maximum equals the state average weekly wage, which the Department of Industrial Accidents (DIA) resets every October 1..
Massachusetts Workers Compensation Act: Key Sections at a Glance
The sections of the Massachusetts workers compensation act that decide most cases, each with its citation:
| Coverage mandate | M.G.L. c. 152 §25A — every employer with 1 or more employees must carry workers’ compensation insurance or be licensed to self-insure. There is no exemption for small businesses. |
| Exemptions | M.G.L. c. 152 §1(4) — the definition of “employee” leaves out some groups, for example seamen in interstate or foreign commerce, professional athletes, and part-time domestic workers under 16 hours per week. Check the current list of exclusions in §1(4). |
| Report an injury | M.G.L. c. 152 §41 — the worker must give the employer notice “as soon as practicable” after the injury. The required content is in §44. Under §49, late notice generally does not bar a claim unless the insurer was prejudiced by it. |
| File a claim | M.G.L. c. 152 §41 — 4 years from the date the employee first became aware that the disability was connected to the job |
| Waiting period | M.G.L. c. 152 §29 — 5 calendar days. If the incapacity lasts 21 days or more, compensation is paid back to the first day. |
| Wage-loss rate | M.G.L. c. 152 §34 — 60 percent of the pre-injury average weekly wage, up to the maximum weekly rate. Under §1(10), the maximum equals the state average weekly wage, which the Department of Industrial Accidents (DIA) resets every October 1. |
| Exclusive remedy | M.G.L. c. 152 §24 (with §23) — accepting coverage waives the worker’s common-law right to sue the employer. The main exception is a worker who reserves that right by written notice to the employer at the time of hire. Separately, §15 allows suits against negligent third parties, and §28 doubles compensation when the employer engaged in “serious and willful misconduct.” |
| Retaliation | M.G.L. c. 152 §75B(2) — an employer may not fire, refuse to hire or otherwise discriminate against an employee for using rights under this chapter. The exception is an employee who knowingly took part in a fraudulent proceeding. The worker may sue in Superior Court. The remedy is lost wages, suitable employment and reasonable attorney fees. |
| Uninsured employer penalty | M.G.L. c. 152 §25C — the DIA issues a stop-work order with a civil penalty of 100 per day of noncompliance, rising to 250 per day if the order is upheld on appeal. On conviction, the criminal penalty is a fine of up to 1500 and/or up to 1 year in jail. Under §65, the Workers’ Compensation Trust Fund pays injured workers of uninsured employers. |
| Who hears disputes | M.G.L. c. 152 §§10, 10A, 11, 11C and 12 — disputed claims go to the Department of Industrial Accidents in stages: conciliation, then a conference and hearing before a DIA administrative judge, then the DIA Reviewing Board (§11C), then the Massachusetts Appeals Court (§12). |
The Exclusive-Remedy Bargain in the Massachusetts Workers Compensation Act
M.G.L. c. 152 §24 (with §23) — accepting coverage waives the worker’s common-law right to sue the employer. The main exception is a worker who reserves that right by written notice to the employer at the time of hire. Separately, §15 allows suits against negligent third parties, and §28 doubles compensation when the employer engaged in “serious and willful misconduct.”
Retaliation and Penalties Under the Massachusetts Workers Compensation Act
M.G.L. c. 152 §75B(2) — an employer may not fire, refuse to hire or otherwise discriminate against an employee for using rights under this chapter. The exception is an employee who knowingly took part in a fraudulent proceeding. The worker may sue in Superior Court. The remedy is lost wages, suitable employment and reasonable attorney fees. M.G.L. c.
152 §25C — the DIA issues a stop-work order with a civil penalty of 100 per day of noncompliance, rising to 250 per day if the order is upheld on appeal. On conviction, the criminal penalty is a fine of up to 1500 and/or up to 1 year in jail. Under §65, the Workers’ Compensation Trust Fund pays injured workers of uninsured employers. M.G.L. c.
152 §§10, 10A, 11, 11C and 12 — disputed claims go to the Department of Industrial Accidents in stages: conciliation, then a conference and hearing before a DIA administrative judge, then the DIA Reviewing Board (§11C), then the Massachusetts Appeals Court (§12).
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Recent Amendments to the Massachusetts Workers Compensation Act
No amendment to the Massachusetts workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Massachusetts Workers Compensation Act
Statute pages are written for lawyers, so read the Massachusetts workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Massachusetts workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Massachusetts claim guide turns these sections into steps and dates, and the Massachusetts requirements guide covers the employer side.
Frequently Asked Questions
Where is the Massachusetts workers compensation act in the code?
Massachusetts General Laws, Part I, Title XXI, Chapter 152 (M.G.L. c. 152). The sources below link to the official text.
How long do I have to report a work injury under the Massachusetts act?
M.G.L. c. 152 §41 — the worker must give the employer notice “as soon as practicable” after the injury. The required content is in §44. Under §49, late notice generally does not bar a claim unless the insurer was prejudiced by it.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Massachusetts workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
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
This Massachusetts workers compensation act guide was last verified against official Massachusetts sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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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.