Labor & Employment (Workers' Compensation)

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2131) of Bradley H. Jones, Jr. and others for legislation to further regulate workers' compensation benefits. Labor and Workforce Development.

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2133) of Bradley H. Jones, Jr. and others relative to the forfeiture of workers' compensation. Labor and Workforce Development.

This bill amends Massachusetts workers' compensation law to deny benefits to employees injured due to "serious willful misconduct," including intoxication or illegal drug use (as defined by state law). It directly affects workers who cause their own injuries through intentional actions like being under the influence or using controlled substances. The key change removes prior exceptions for such misconduct, though it maintains that dependents may still receive benefits if the injury results in death. The policy shifts eligibility by explicitly barring compensation for these specific self-inflicted injury scenarios.

This bill strengthens protections for workers who report work-related injuries or illnesses by creating a strong presumption of retaliation if an employer takes adverse action within 90 days of such protected activity. It expands the definition of prohibited retaliation to include actions like denying employment relationships or falsely claiming injuries aren't work-related, and requires employers to post multilingual notices about worker rights. Workers who face retaliation can now seek treble damages, attorney fees, and injunctive relief through civil court. The bill also clarifies that employers must indemnify insurers for unpaid wages required by law, ensuring workers receive full compensation.

This bill strengthens protections for workers injured on the job by expanding anti-retaliation safeguards and clarifying employer responsibilities. It creates a rebuttable 90-day presumption that an employer violated anti-retaliation rules if they take adverse action (like firing or refusing to hire) against an employee within 90 days of that employee reporting an injury, seeking care, or assisting others with workplace injury claims. Employers must now post multilingual notices about retaliation protections and wage rights, and they must reimburse insurers for any additional compensation owed when they fail to pay required wages under workers' compensation laws. Workers who face retaliation can sue for triple damages, attorney fees, and other remedies, with a 3-year filing window that pauses if they first report the violation to the attorney general.

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1310) of James B. Eldridge for legislation to protect injured workers. Labor and Workforce Development.