Massachusetts · Work site injury: what can I do?

Work site injury: what can I do?

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Filing deadline3 years (civil lawsuit); report to workers' comp within 30 daysMassachusetts Workers' Compensation Act, M.G.L. c. 152, § 41

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Massachusetts?

Massachusetts: 3 years from injury for civil lawsuits; workers' comp notice to the insurer or employer as soon as practicable; formal claim within 4 years of learning the injury is work-related A lawyer can confirm yours.

3 years (civil lawsuit); report to workers' comp within 30 days

Source: Massachusetts Workers' Compensation Act, M.G.L. c. 152, § 41

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Massachusetts construction workers have 3 years to file civil lawsuits — Massachusetts applies modified comparative fault (51% bar) and federal OSHA governs; Boston's massive construction and infrastructure market generates high case volume with significant union worker density

Massachusetts applies modified comparative fault with a 51% bar (M.G.L. c. 231, § 85). Massachusetts gives 4 years to file a workers' comp claim, counted from when the employee first became aware of the link between the disability and the job (M.G.L. c. 152, § 41). Federal OSHA governs Massachusetts construction sites. Boston's construction market is one of the most active in the Northeast — major infrastructure projects, high-rise residential towers, hospital construction, and university campus development create substantial construction accident volume. Boston has high union density across all major trades, and union safety documentation is frequently available. Massachusetts Superior Courts handle civil construction accident claims.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for Massachusetts.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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Sources

  1. Massachusetts Workers' Compensation Act, M.G.L. c. 152, § 41