Yes. In Massachusetts an injured worker can still file for and collect workers’ compensation benefits if his or her employer or boss did not have workers’ compensation insurance coverage at the time of the work accident.
The Workers' Compensation Trust Fund
If it is discovered that the employer did not have coverage, a claim can still be filed against The Workers' Compensation Trust Fund. This Trust Fund was created by a specific statute in Massachusetts (M.G.L. c. 152 § 65) and is available for employees who were hurt on the job and whose employer did not carry workers’ compensation at the time of the accident. The Trust Fund would stand in the place of the workers’ compensation insurance and provides the same benefits available to an injured worker as if there was insurance.
The injured worker must still meet the necessary requirements in order to be eligible for workers’ compensation benefits from the Trust Fund. (For example, the injured worker must establish that the injury arose out of and in the course of employment.) The workers' compensation claim will proceed in the normal course of a workers' compensation case in Massachusetts.
There are requirements, however, before filing a workers’ compensation claim against the Trust Fund. A certification of no insurance must be obtained from the Office of Insurance at the Department of Industrial Accidents. This is why it is best to contact an experienced workers’ compensation attorney for advice after being hurt at work.
Do You Have Questions About A Work Injury?
If you, or someone you know, has been injured on the job in Massachusetts and you are not sure the employer had workers’ compensation insurance, feel free to call us at (508) 879-3500 or contact us online. Our legal team will answer your questions and evaluate your case for free.