Retaliation for Filing Workers' Comp in Massachusetts
Whether an employer in Massachusetts can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire, refuse to hire or otherwise discriminate against an employee because the employee used a right under the workers' compensation law or testified or cooperated in a proceeding (unless the employee knowingly took part in a fraudulent proceeding). M.G.L. c. 152, § 75B
| Retaliation for filing | An employer may not fire, refuse to hire or otherwise discriminate against an employee because the employee used a right under the workers' compensation law or testified or cooperated in a proceeding (unless the employee knowingly took part in a fraudulent proceeding). The worker may sue in superior court; an employer found in violation must pay lost wages, provide suitable employment and pay reasonable attorney fees. An injured worker who can do the essential functions of a job, with or without reasonable accommodation, is also protected as a qualified handicapped person under the state anti-discrimination law. Source: M.G.L. c. 152, § 75B |
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| Appealing a denial | If conciliation does not resolve the dispute, the case goes to an administrative judge for a conference, after which the judge issues a written order. Any party may appeal that order within 14 days for a full hearing before the administrative judge. A party unhappy with the hearing decision may appeal to the department's reviewing board within 30 days; the appeal requires a fee of 30% of the state average weekly wage, which may be waived for indigent workers. The reviewing board reverses only if the decision was beyond the judge's authority, arbitrary or capricious, or contrary to law. Source: M.G.L. c. 152, §§ 10A, 11, 11C |
Where to get help in Massachusetts
More Massachusetts workers' compensation
- Filing a Workers' Comp Claim in Massachusetts
- How Much Workers' Comp Pays in Massachusetts
- Workers' Comp Settlements in Massachusetts
- Suing Over a Work Injury in Massachusetts
- Appealing a Denied Workers' Comp Claim in Massachusetts
- All Massachusetts workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Massachusetts?
An employer may not fire, refuse to hire or otherwise discriminate against an employee because the employee used a right under the workers' compensation law or testified or cooperated in a proceeding (unless the employee knowingly took part in a fraudulent proceeding). The worker may sue in superior court; an employer found in violation must pay lost wages, provide suitable employment and pay reasonable attorney fees. An injured worker who can do the essential functions of a job, with or without reasonable accommodation, is also protected as a qualified handicapped person under the state anti-discrimination law.
How do you appeal a denied workers' comp claim in Massachusetts?
If conciliation does not resolve the dispute, the case goes to an administrative judge for a conference, after which the judge issues a written order. Any party may appeal that order within 14 days for a full hearing before the administrative judge. A party unhappy with the hearing decision may appeal to the department's reviewing board within 30 days; the appeal requires a fee of 30% of the state average weekly wage, which may be waived for indigent workers. The reviewing board reverses only if the decision was beyond the judge's authority, arbitrary or capricious, or contrary to law.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.