Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1927 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 622 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1927
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect injured workers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/11/2023Carmine Lawrence Gentile13th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023Andres X. Vargas3rd Essex2/2/2023Michelle M. DuBois10th Plymouth2/7/2023David Henry Argosky LeBoeuf17th Worcester2/16/2023Christopher Hendricks11th Bristol2/16/2023David Allen Robertson19th Middlesex2/16/2023Brian W. Murray10th Worcester2/16/2023Steven Ultrino33rd Middlesex2/21/2023Samantha Montaño15th Suffolk2/22/2023James C. Arena-DeRosa8th Middlesex2/27/2023Lindsay N. Sabadosa1st Hampshire2/28/2023Peter Capano11th Essex3/1/2023William J. Driscoll, Jr.7th Norfolk3/2/2023Daniel Cahill10th Essex3/2/2023Adrian C. Madaro1st Suffolk3/6/2023David M. Rogers24th Middlesex3/7/2023 2 of 2
16	16	Kevin G. Honan17th Suffolk3/14/2023Thomas M. Stanley9th Middlesex3/15/2023 1 of 5
17	17	HOUSE DOCKET, NO. 622 FILED ON: 1/14/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1927
19	19	By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1927) of
20	20	Tram T. Nguyen and others for legislation to protect injured workers. Labor and Workforce
21	21	Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to protect injured workers.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 3 of chapter 23E of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting, in line 46, after the word “claims” the
32	32	3following words:- ; and further provided that the department shall promptly undertake the
33	33	4investigation, hold an investigative conference to obtain any additional evidence or statements,
34	34	5and report the findings regardless of whether a case is open or active in the division of dispute
35	35	6resolution.
36	36	7 SECTION 2. Subsection (a) of section 27C of chapter 149 of the General Laws, as so
37	37	8appearing, is hereby amended by inserting, in line 5, after the number “151,” and also by
38	38	9inserting, in line 15, after the number “151,” the following words:- , or paragraph 2 of section
39	39	1075B of chapter 152.
40	40	11 SECTION 3. Subsection (b) of said section 27C of said chapter 149 of the General Laws,
41	41	12as so appearing, is hereby amended by inserting, in line 68, after the word “week.” the following 2 of 5
42	42	13sentence:- For purposes of a violation of paragraph 2 of section 75B of chapter 152, restitution
43	43	14shall include actual and compensatory damages, costs and reasonable attorneys’ fees, and
44	44	15rectifying the infraction may include injunctive relief, punitive damages and other appropriate
45	45	16relief.
46	46	17 SECTION 4. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby
47	47	18amended by inserting after the word “death,” in line 39, the following paragraph:-
48	48	19 (3A) “Earnings” includes any wages, based on credible evidence, that the employer was
49	49	20required to pay pursuant to chapter 149, chapter 151, or any other local, state or federal law.
50	50	21When an employer has failed to pay an employee the full amount of wages required by law, and
51	51	22the insurer is required to pay compensation to that employee based on the higher required
52	52	23amount, the employer shall indemnify the insurer for any additional compensation owed
53	53	24 under this chapter as a result of the additional wages.
54	54	25 SECTION 5. Section 22 of said chapter 152 of the General Laws, as so appearing, is
55	55	26hereby amended by striking out, in lines 10, 11 and 12, the words “may be given in the manner
56	56	27therein provided or in such other manner as may be approved by the department” and inserting in
57	57	28place thereof the following words:-
58	58	29 shall be given to employees by posting a copy of the notice, as approved and issued by
59	59	30the department, in a visible location utilized by and accessible to all employees of the insured
60	60	31person and, depending on the customary manner in which the insured person communicates with
61	61	32employees, by providing a hard or electronic copy of the notice to each employee at the time of
62	62	33hire and when information contained in the notice changes. The notice shall include information
63	63	34on unlawful retaliation, discrimination and fraud under chapter 152 and shall be made available 3 of 5
64	64	35by the department in English and all other languages required under subsection (d)(iii) of section
65	65	3662A of chapter 151A. The insured person shall post the notice in English and all other primary or
66	66	37preferred languages of current employees and shall provide the notice to individual employees in
67	67	38their primary or preferred languages, except when the notice is not available from the department
68	68	39in those languages.
69	69	40 SECTION 6. Section 75B of said chapter 152 of the General Laws, as so appearing, is
70	70	41hereby amended by striking out paragraphs (2) to (4) in their entirety and inserting in place
71	71	42thereof the following paragraphs:-
72	72	43 (2) No person or entity, itself or through its agent, may discharge, refuse to hire, or in any
73	73	44other manner discriminate or take adverse action, or to threaten to discharge, refuse to hire, or in
74	74	45any other manner discriminate or take adverse action, against any person because that person
75	75	46has: (i) exercised a right afforded by this chapter, including reporting or seeking care for a work-
76	76	47related injury or illness; (ii) assisted any other person in exercising a right afforded by this
77	77	48chapter; (iii) informed any other person about a right afforded by this chapter; (iv) opposed a
78	78	49violation of this chapter; (v) testified or in any other manner cooperated with an inquiry or
79	79	50proceeding pursuant to this chapter; or (vi) because of a belief that the person may in the future
80	80	51engage in any such actions. For purposes of this paragraph, “adverse action” shall include any
81	81	52action to deprive an employee of any right afforded by this chapter, including through false
82	82	53denial of an employment relationship or false denial that an injury or illness was work related.
83	83	54 (3) There shall be a rebuttable presumption of a violation of paragraph (2) of this section
84	84	55if a person or entity, itself or through its agent, discharges, refuses to hire, or in any other manner
85	85	56discriminates or takes adverse action, or threatens to discharge, refuse to hire, or in any other 4 of 5
86	86	57manner discriminate or take adverse action, against a person within 90 days of that person’s
87	87	58exercise of a right afforded by this chapter, including: (i) reporting or seeking care for a work-
88	88	59related injury or illness; (ii) assisting any other person in exercising a right afforded by this
89	89	60chapter; (iii) informing any other person about a right afforded by this chapter; (iv) opposing a
90	90	61violation of this chapter; (v) or testifying or in any other manner cooperating with an inquiry or
91	91	62proceeding pursuant to this chapter. This presumption may be rebutted by clear and convincing
92	92	63evidence that the adverse action was taken for a permissible purpose and that the action would
93	93	64have been taken in the absence of the person’s exercise of a right afforded by this chapter. For
94	94	65purposes of this paragraph, “adverse action” shall include any action to deprive an employee of
95	95	66any right afforded by this chapter, including through false denial of an employment relationship
96	96	67or false denial that an injury or illness was work related.
97	97	68 (4) A person claiming to be aggrieved by a violation of paragraph 2 of this section may
98	98	69file a complaint with the attorney general, who may initiate criminal or civil proceedings
99	99	70pursuant to section 27C of chapter 149. Alternatively, a person claiming to be aggrieved by a
100	100	71violation of paragraph 2 of this section may, within 3 years after the violation, initiate a civil
101	101	72action; provided, however, that the 3-year limitation period shall be tolled from the date that the
102	102	73person files a complaint with the attorney general alleging violation of paragraph 2 of this
103	103	74section until the date that the attorney general’s office declines to pursue enforcement of that
104	104	75complaint or the date that an enforcement action by the attorney general becomes final. A person
105	105	76so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated
106	106	77damages, for any lost wages and other benefits, other actual and compensatory damages, costs of
107	107	78litigation and reasonable attorneys’ fees and may be awarded injunctive relief, punitive damages
108	108	79and other appropriate relief. 5 of 5
109	109	80 (5) Upon a determination by the commissioner that a request for data maintained by the
110	110	81department is intended to be used in such a manner as to violate the purposes of this section, the
111	111	82commissioner may find that the disclosure of such data constitutes an unwarranted invasion of
112	112	83personal privacy pursuant to chapter 4 and deny said request. Nothing in this section shall be
113	113	84construed to prohibit an insurer's right to obtain information held by the department regarding
114	114	85any employee who has filed a claim against such insurer.