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All employers operating in Massachusetts are required to carry workers’ compensation insurance for their employees and themselves if they are an employee of their company.
The requirement applies no matter the number of hours worked or the number of employees.
The only exception is for domestic employees who must work at least 16 hours a week to be covered under a workers’ compensation policy.
Out-of-state employers operating in Massachusetts must provide workers’ compensation coverage for all employees working in the Commonwealth.
Employers whose existing workers’ compensation insurance policies list Massachusetts in section 3A of the policy’s information page satisfy this requirement.
Employers whose workers’ compensation policies list Massachusetts in section 3C regarding all states coverage (with or without certain state exclusions) must get proof from their insurance carrier that coverage is provided in Massachusetts by having their workers' compensation insurer submit a Form 154 - Verification of Workers' Compensation Coverage for Out-of-State employers Operating in Massachusetts.
The Department of Industrial Accidents’ (DIA) Office of Investigations will issue a stop work order (SWO) to employers who don’t have workers’ compensation insurance.
Minimum fines are $100 per day, including weekends and holidays, beginning on the date the SWO was issued. Fines accrue daily until insurance coverage starts AND the fine is paid.
Employers issued SWOs may be subject to criminal charges, including up to 1 year in prison and/or up to a $1,500 fine upon conviction.
Uninsured employers are also subject to debarment from public contracts for 3 years.