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STATE REQUIREMENTS

When Massachusetts requires workers’ compensation

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In Massachusetts, workers' compensation is required from the first employee. Part-time, seasonal and family employees count. Sole proprietors and partners are not required to cover themselves. Corporate officers who own at least a quarter of the company may exempt themselves by filing with the Department; sole proprietors and partners may elect coverage. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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Massachusetts rules with sources
TopicThe rule in MassachusettsSource
Who must carry itEvery employer with one or more employees, full- or part-time, must carry workers' compensation; domestic employees working sixteen or more hours a week are included.M.G.L. c. 152, § 1(4), § 25A, § 25C; Massachusetts Department of Industrial Accidents
Who counts as an employeePart-time, seasonal and family employees count. Sole proprietors and partners are not required to cover themselves.Massachusetts Department of Industrial Accidents
Owners, officers and LLC membersCorporate officers who own at least a quarter of the company may exempt themselves by filing with the Department; sole proprietors and partners may elect coverage.M.G.L. c. 152, § 1(4), § 25A, § 25C
If you go withoutThe Department issues stop-work orders with daily fines until coverage is in place, and uninsured employers are barred from public contracts.Massachusetts Department of Industrial Accidents

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in Massachusetts

Every employer with one or more employees, full- or part-time, must carry workers' compensation; domestic employees working sixteen or more hours a week are included.

Who counts as an employee

Part-time, seasonal and family employees count. Sole proprietors and partners are not required to cover themselves. The label on the paycheck does not settle it: Massachusetts applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Corporate officers who own at least a quarter of the company may exempt themselves by filing with the Department; sole proprietors and partners may elect coverage. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

The Department issues stop-work orders with daily fines until coverage is in place, and uninsured employers are barred from public contracts. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in Massachusetts. When does the policy have to be in place?

Before the first shift if the threshold is met. Massachusetts requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in Massachusetts?

The form you file does not decide it. Massachusetts applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in Massachusetts?

Corporate officers who own at least a quarter of the company may exempt themselves by filing with the Department; sole proprietors and partners may elect coverage. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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