MGL c. 152, § 65 allows injured workers to recover Workers' Compensation Insurance from the Commonwealth of Massachusetts if an employee is injured in the course of their employment and their employer does not have Workers' Compensation Insurance or it is cancelled or unavailable to the employee.

Pursuant to MGL c. 152, § 65(2)(e), the Workers' Compensation Trust Fund (WCTF) may be liable for payment of benefits resulting from approved claims against… "employers subject to the personal jurisdiction of the Commonwealth who are uninsured in violation of this chapter."

The WCTF is obligated to pay benefits to injured workers of uninsured employers who have suffered a compensable injury. An injured worker of any uninsured employer shall be entitled, without election and through the WCTF, to the weekly compensation and other medical and vocational rehabilitation benefits provided under MGL c. 152. The claimant may also proceed to enforce the liability of an uninsured employer under MGL c. 152, §§ 66 and 67. The WCTF shall not be liable for any settlement or judgment in a personal injury action brought under MGL c. 152, §§ 66 and 67.