Massachusetts Workers' Compensation: What you need to know

Virtually all employees must be covered by workers' compensation insurance. The only exceptions are the following types of workers:

  • Salespersons who are direct sellers of consumer products, but not in retail establishments
  • Salespersons working for real estate brokers on a commission basis
  • People working outside the usual course of the employer's business
  • Masters and seamen of ships in interstate and foreign trade
  • Professional athletes whose contracts provide for payment of wages during disability
    • Taxicab drivers
    • Sole proprietors
    • Employees of counties and municipalities that have taxing authority
    • Employees covered by federal compensation laws
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    Employers may elect to cover seasonal or casual or part-time domestic servants. Governmental bodies have the option to elect to cover their employees, but contractors on government construction projects must have insurance coverage. Employee leasing companies must have a separate insurance policy for each client organization to which they lease employees, and premium rates for these firms must be commensurate with expected claims experience. Workers' compensation is elective for an officer or director of a corporation who owns at least 25 percent of the issued and outstanding stock of the corporation (MA Gen. Laws Ch. 152 Sec. 1et seq.).

"No-fault" system. Workers' compensation is a "no-fault" system. Employees receive compensation without having to prove that the employer was at fault for the injury. They need only show that the injury arose "out of and in the course of employment." This no-fault aspect distinguishes workers' compensation from ordinary "tort" law, which provides for the compensation of injured people in most other circumstances. Under tort law, ...

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Related Topics

More on this topic:

Who Is Covered?
What Is Covered?
Insurance Coverage
Preexisting Conditions--Second Injuries
Multiple Employers
Safety Plans
Notices, Reports, Claims
Contesting Benefits
Violations and Penalties
Additional Information:

State Requirements

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Massachusetts Workers' Compensation Resources

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