MGL c. 152, § 65 (2)(e) allows injured workers to recover Workers' Compensation benefits from the Commonwealth of Massachusetts if an employee is injured in the course of his or her employment and his or her employer does not have Workers' Compensation Insurance or is not self-insured.
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 against the employer under MGL c. 152, §§ 66 and 67.