Workers' Comp Retaliation in Massachusetts

Under Massachusetts General Laws Chapter 152, Section 75B, it is illegal for employers to fire, threaten, or discriminate against employees for filing workers' compensation claims. Massachusetts law provides strong protections against workers' comp retaliation—and violating employers face serious penalties.

If you were terminated, demoted, or otherwise retaliated against after filing a workers' comp claim or suffering a workplace injury, you have legal rights.

What is Workers' Comp Retaliation?

Workers' comp retaliation occurs when an employer punishes an employee for:

• Filing a workers' compensation claim
• Suffering a workplace injury (even before filing a claim)
• Receiving workers' compensation benefits
• Testifying in a workers' comp proceeding
• Exercising any right under Massachusetts workers' compensation law

M.G.L. Chapter 152, Section 75B states:

"No insurer or self-insurer or employer shall discharge or in any manner discriminate against an employee because of the exercise by such employee of his rights under this chapter."

"Exercise of rights" includes:

• Filing a workers' comp claim (Form 110)
• Seeking medical treatment for work injuries
• Attending workers' comp hearings
• Appealing denied claims
• Reporting workplace injuries to your employer

What Actions Are Illegal Under § 75B?

Massachusetts law prohibits any adverse employment action motivated by workers' comp activity:

Termination and Discharge

It's illegal to fire an employee for:

• Filing a workers' comp claim
• Being injured at work
• Needing time off for work-related medical treatment
• Attending workers' comp hearings or depositions
• Returning from workers' comp leave

Example: Jose files a workers' comp claim for a back injury sustained lifting boxes. Two days later, he's fired. That's illegal retaliation under § 75B.

Discrimination and Demotion

Prohibited actions include:

• Demoting an employee who filed a workers' comp claim
• Reducing pay or hours after a work injury
• Reassigning to less desirable duties or shifts
• Denying promotions or raises due to workers' comp claim
• Removing responsibilities or marginalizing the employee

Example: After returning from workers' comp leave for a shoulder injury, Maria is transferred from her supervisor position to a lower-level job with reduced pay. That's discrimination under § 75B.

Threats and Intimidation

It's illegal to threaten employees to discourage filing workers' comp claims:

• "If you file a claim, you'll be fired."
• "People who file workers' comp don't last here."
• "You'll regret filing that claim."
• "Your job is at risk if you pursue this."

Important: The threat itself is illegal—the employee doesn't have to actually file the claim. Threatening to discourage workers' comp claims violates § 75B.

Example: After Sarah mentions a work injury, her supervisor warns, "We don't tolerate workers' comp claims here. Think carefully." That threat is illegal even if Sarah never files a claim.

Refusing to Rehire

Employers cannot refuse to rehire former employees because of past workers' comp claims:

• Blacklisting employees who filed claims
• Refusing rehire applications from prior workers' comp claimants
• Maintaining "do not rehire" lists based on workers' comp history

What You Must Prove

To establish workers' comp retaliation under § 75B, you must prove:

1. You Exercised Your Workers' Comp Rights

Protected activities include:

• Filing a workers' comp claim (Form 110)
• Reporting a workplace injury to your employer
• Seeking medical treatment for a work injury
• Attending workers' comp hearings
• Testifying about a work injury
• Consulting with a workers' comp attorney

You don't need to prove your injury claim was valid. Section 75B protects employees who exercise their rights—even if the workers' comp claim is later denied or found to be invalid.

Evidence:

• Workers' comp claim form (Form 110) with filing date
• Medical records showing work injury
• Report of injury to employer (verbal or written)
• Correspondence with workers' comp insurer
• Hearing notices or attendance records

2. Your Employer Discharged or Discriminated Against You

Adverse actions include:

• Termination, suspension, or layoff
• Demotion or pay reduction
• Hour reduction or undesirable schedule changes
• Transfer to worse position or location
• Denial of promotion or benefits
• Hostile treatment or harassment

Evidence:

• Termination letter
• Pay stubs showing reduced hours or wages
• Performance reviews showing sudden changes
• Documentation of demotions or transfers
• Witness testimony about hostile treatment

3. Causal Connection Between Workers' Comp and Adverse Action

You must show your workers' comp activity caused the adverse action.

Strong evidence of causation:

• Close timing - Termination or demotion shortly after filing claim
• Direct statements - Employer mentions workers' comp claim as reason
• Pretextual reasons - Employer's stated reasons are false or don't hold up
• Disparate treatment - Others in similar situations weren't fired

Timing is critical: The closer the adverse action to filing the workers' comp claim, the stronger the inference of retaliation.

Example: You file a workers' comp claim on June 1. You're fired on June 5. That 4-day gap is very strong evidence of retaliation.

Common Employer Defenses (And How to Counter Them)

Employers typically claim they had legitimate, non-retaliatory reasons for termination or adverse action:

"Performance Problems"

Employer claims: Employee was fired for poor performance, not workers' comp claim.

Counter evidence:

• Prior good performance reviews
• No documentation of performance issues before workers' comp claim
• Sudden negative reviews only after filing claim
• Others with worse performance kept jobs
• Performance standards applied inconsistently

Red flag: If you had years of good reviews and suddenly receive negative reviews after filing a claim, that suggests pretext.

"Position Eliminated or Restructuring"

Employer claims: Job was eliminated due to restructuring, not retaliation.

Counter evidence:

• Position wasn't actually eliminated (duties reassigned)
• Employer posted job online shortly after termination
• No other employees affected by "restructuring"
• Company hired replacement employee
• No business documentation supporting restructuring claim

"Inability to Perform Essential Functions"

Employer claims: Employee can't perform job duties due to injury.

Counter evidence:

• Doctor cleared you to return to work (with or without restrictions)
• Employer didn't engage in interactive process for reasonable accommodations
• Employer didn't offer modified duties or light work
• Employer violated ADA/Massachusetts disability discrimination laws
• Other injured employees were accommodated

Important: Massachusetts employers must provide reasonable accommodations for work injuries under disability discrimination laws. Firing instead of accommodating may violate both § 75B and Chapter 151B.

"Misconduct"

Employer claims: Employee was fired for policy violations or misconduct.

Counter evidence:

• No prior discipline for same conduct
• Others committed same violations without termination
• Alleged misconduct is exaggerated or false
• Timing is suspicious (misconduct claim arises only after workers' comp filing)
• Employer's investigation was incomplete or biased

Remedies and Damages

If you win a workers' comp retaliation claim under § 75B, you may recover:

Reinstatement

Getting your job back:

• Court can order employer to reinstate you to former position
• Same pay, benefits, and seniority
• Restoration of all employment rights

Alternative: If reinstatement isn't feasible (hostile work environment, position truly eliminated), court may award front pay (future lost earnings).

Back Pay

Lost wages from termination date to trial or settlement:

• All wages you would have earned
• Benefits you would have received (health insurance, retirement contributions)
• Bonuses and raises you would have gotten

Mitigation: You must make reasonable efforts to find new employment. Any wages earned from other jobs are deducted from back pay.

Punitive Damages

Massachusetts courts can award punitive damages for willful violations of § 75B:

• Up to $50,000 in punitive damages
• Designed to punish egregious employer conduct and deter future violations
• Awarded when employer acted with malice or reckless disregard for employee's rights

Factors for punitive damages:

• Employer knew workers' comp retaliation is illegal
• Employer's conduct was deliberate and intentional
• Employer made threats or acted with hostility
• Employer has history of retaliating against workers' comp claimants

Attorney's Fees and Costs

If you win, the employer pays your attorney's fees and legal costs.

This is critical because it allows you to hire an attorney on a contingency basis (no fee unless you win) without worrying about hourly fees.

Workers' Comp Benefits Continue

Winning a retaliation case doesn't affect your workers' comp benefits:

• Medical treatment continues
• Temporary total or partial disability benefits continue
• Permanent disability benefits continue if applicable

Workers' comp retaliation is separate from the underlying injury claim.

How to File a Workers' Comp Retaliation Complaint

1. File Complaint with Department of Industrial Accidents (DIA)

Massachusetts workers' comp retaliation claims are enforced by the DIA:

• File complaint alleging violation of M.G.L. c. 152, § 75B
• No filing fee
• DIA investigates and holds hearings
• Administrative Law Judge (ALJ) decides case

Filing deadline: While there's no specific statute of limitations in § 75B, file as soon as possible. Delays can weaken your case and some courts have applied a 3-year limitations period by analogy.

Where to file: Department of Industrial Accidents 1 Congress Street, Suite 100 Boston, MA 02114 Phone: 617-727-4900 or 1-800-323-3249 Website: mass.gov/dia

2. File Lawsuit in Court (Alternative or Additional Remedy)

You can also file a lawsuit in Massachusetts Superior Court:

• Some cases proceed in court instead of DIA
• You may pursue both DIA and court remedies
• Court can award damages, reinstatement, and attorney's fees

Consult attorney: An employment attorney can advise whether DIA, court, or both is best for your case.

3. File MCAD or EEOC Charge (If Disability Discrimination)

If retaliation also involves disability discrimination:

• File charge with Massachusetts Commission Against Discrimination (MCAD)
• File charge with EEOC
• 300-day deadline for discrimination claims
• Protections under Chapter 151B (disability discrimination) in addition to § 75B

Example: Employer fires you for filing workers' comp claim and also because of your work injury (disability). You can pursue both § 75B (workers' comp retaliation) and Chapter 151B (disability discrimination).

What to Do If You're Retaliated Against

Immediate Steps

1. Document everything:

   • Date you filed workers' comp claim
   • Date and details of adverse action (termination, demotion, etc.)
   • Any statements by employer linking workers' comp to adverse action
   • Emails, texts, termination letters, performance reviews

2. Save all evidence:

   • Workers' comp claim form (Form 110)
   • Medical records and doctor's notes
   • Employer communications
   • Performance reviews (especially prior good reviews)
   • Employee handbook and company policies

3. Report the retaliation:

   • Complain to HR or higher management (if safe to do so)
   • File complaint with DIA
   • Consult employment attorney immediately

4. Don't sign anything:

   • Don't sign severance agreements or releases without legal review
   • These often waive your right to sue for retaliation
   • Employers may offer small severance in exchange for waiving significant legal claims

5. Continue medical treatment:

   • Don't let retaliation prevent you from seeking medical care
   • Attend all workers' comp medical appointments
   • Follow doctor's orders

Get Legal Help Immediately

Contact a Massachusetts employment attorney if:

• You were fired or demoted after filing workers' comp claim
• Your employer threatened you for reporting a work injury
• Your hours or pay were reduced after filing a claim
• You're being harassed or treated hostily after work injury
• Your employer asked you to sign a release or severance agreement

Why early consultation matters:

• Preserve evidence before it's destroyed
• Meet filing deadlines
• Avoid mistakes that weaken your case
• Understand full range of remedies (§ 75B, disability discrimination, wrongful termination)

Most attorneys offer free consultations and work on contingency (no fee unless you win).

Workers' Comp Retaliation vs. Other Claims

§ 75B vs. Wrongful Termination

Workers' comp retaliation (§ 75B):

• Specific statute prohibiting retaliation for workers' comp claims
• Remedies include reinstatement, back pay, punitive damages up to $50,000, attorney's fees
• File complaint with DIA or lawsuit in court

Wrongful termination (public policy):

• Common law claim for firing that violates public policy
• Overlaps with § 75B (workers' comp retaliation violates public policy)
• Available if § 75B doesn't apply or as additional claim

Strategy: Pursue both § 75B and wrongful termination claims for maximum protection.

§ 75B vs. Disability Discrimination (Chapter 151B)

Workers' comp retaliation (§ 75B):

• Protects employees from retaliation for filing workers' comp claims
• No need to prove disability

Disability discrimination (Chapter 151B):

• Protects employees with disabilities from discrimination
• Requires showing you have a disability and were discriminated against or denied reasonable accommodation
• File with MCAD within 300 days

Overlap: If your work injury constitutes a disability, you may have both workers' comp retaliation and disability discrimination claims.

Example: Employer fires you for filing workers' comp claim (§ 75B) and because of your work injury/disability (Chapter 151B). Pursue both.

Real-World Examples

Example 1: Termination Days After Filing Claim

Situation: John works at a warehouse in Springfield. He injures his knee moving pallets and files a workers' comp claim on Monday. On Thursday, he's fired and told his position has been "eliminated"—but the company posts the job on Indeed the next week.

Analysis: Protected activity (filing claim) + adverse action (termination) + close timing (3 days) + pretextual reason (position not actually eliminated) = strong § 75B claim.

Example 2: Threats to Discourage Filing

Situation: After Maria is injured operating machinery, her supervisor says, "Don't file workers' comp. We'll take care of you, but if you file, you're done here." Maria doesn't file out of fear. Later, she's fired for unrelated reasons.

Analysis: The threat itself violates § 75B even though Maria didn't file a claim. Employers cannot threaten employees to discourage workers' comp claims.

Example 3: Reduced Hours After Return from Leave

Situation: After recovering from a work injury and returning from workers' comp leave, Tom's hours are cut from 40 to 15 per week. His manager says "business is slow," but other employees' hours aren't reduced.

Analysis: Protected activity (workers' comp leave) + adverse action (hour reduction) + disparate treatment (others unaffected) = likely § 75B violation.

Frequently Asked Questions

Can I be fired while on workers' comp leave?

Not for being on leave or filing the claim. However, employers can terminate for legitimate, non-retaliatory reasons unrelated to workers' comp (e.g., company-wide layoff affecting all employees). The employer must prove the termination wasn't motivated by workers' comp activity.

What if my injury claim is denied—am I still protected from retaliation?

Yes. Section 75B protects employees who exercise their workers' comp rights—even if the claim is later denied. You don't need to prove your injury was compensable, only that you filed a claim or exercised your rights.

Can my employer ask me about workers' comp claims in a job interview?

It's risky for employers and may violate disability discrimination laws. Employers cannot refuse to hire based on prior workers' comp claims.

How much time do I have to file a retaliation complaint?

There's no explicit statute of limitations in § 75B, but courts may apply a 3-year limit. File as soon as possible—delays weaken your case and evidence disappears.

Can I get punitive damages?

Yes. Massachusetts courts can award up to $50,000 in punitive damages for willful violations of § 75B.

Do I need to file with MCAD or DIA?

For workers' comp retaliation specifically, file with DIA. If you also have a disability discrimination claim, file with MCAD within 300 days.

Get Legal Help

Workers' comp retaliation is illegal in Massachusetts. If you've been fired, demoted, or threatened for filing a workers' comp claim, an experienced employment attorney can fight for your rights and hold your employer accountable.

Free resources:

• Department of Industrial Accidents (DIA): mass.gov/dia | 617-727-4900 or 1-800-323-3249
• Massachusetts Commission Against Discrimination (MCAD): mass.gov/mcad | 617-994-6000
• Workers' Compensation Ombudsman: 1-800-323-3249

Related Resources

• What is Workplace Retaliation in Massachusetts?
• How to Prove Retaliation in Massachusetts
• Examples of Retaliation in Massachusetts
• Statute of Limitations for Retaliation
• Massachusetts Workplace Retaliation Overview
• Massachusetts Wrongful Termination

Legal Disclaimer

This article provides general information about workers' compensation retaliation under Massachusetts law and is not legal advice. Every case depends on specific facts and circumstances. For advice about your situation, consult a licensed Massachusetts employment attorney.

Official Resources:

• Department of Industrial Accidents: mass.gov/dia{rel="nofollow"} | 617-727-4900
• Massachusetts Commission Against Discrimination: mass.gov/mcad{rel="nofollow"} | 617-994-6000
• Massachusetts Attorney General's Office: https://mass.gov/ago | 617-727-2200