Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2151 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 706 FILED ON: 1/11/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2151
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 Essex1/11/2025Lindsay N. Sabadosa1st Hampshire1/15/2025Antonio F. D. Cabral13th Bristol2/13/2025Mindy Domb3rd Hampshire1/21/2025Carmine Lawrence Gentile13th Middlesex2/17/2025Christopher Hendricks11th Bristol1/23/2025Kristin E. Kassner2nd Essex1/22/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025 1 of 5
16	16	HOUSE DOCKET, NO. 706 FILED ON: 1/11/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2151
18	18	By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 2151) of
19	19	Tram T. Nguyen and others for legislation to protect injured workers. Labor and Workforce
20	20	Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1927 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to protect injured workers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 3 of chapter 23E of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting, in line 46, after the word “claims” the
33	33	3following words:- ; and further provided that the department shall promptly undertake the
34	34	4investigation, hold an investigative conference to obtain any additional evidence or statements,
35	35	5and report the findings regardless of whether a case is open or active in the division of dispute
36	36	6resolution.
37	37	7 SECTION 2. Subsection (a) of section 27C of chapter 149 of the General Laws, as so
38	38	8appearing, is hereby amended by inserting, in line 5, after the number “151,” and also by
39	39	9inserting, in line 15, after the number “151,” the following words:- , or paragraph 2 of section
40	40	1075B of chapter 152. 2 of 5
41	41	11 SECTION 3. Subsection (b) of said section 27C of said chapter 149 of the General Laws,
42	42	12as so appearing, is hereby amended by inserting, in line 68, after the word “week.” the following
43	43	13sentence:- For purposes of a violation of paragraph 2 of section 75B of chapter 152, restitution
44	44	14shall include actual and compensatory damages, costs and reasonable attorneys’ fees, and
45	45	15rectifying the infraction may include injunctive relief, punitive damages and other appropriate
46	46	16relief.
47	47	17 SECTION 4. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby
48	48	18amended by inserting after the word “death,” in line 39, the following paragraph:-
49	49	19 (3A) “Earnings” includes any wages, based on credible evidence, that the employer was
50	50	20required to pay pursuant to chapter 149, chapter 151, or any other local, state or federal law.
51	51	21When an employer has failed to pay an employee the full amount of wages required by law, and
52	52	22the insurer is required to pay compensation to that employee based on the higher required
53	53	23amount, the employer shall indemnify the insurer for any additional compensation owed
54	54	24 under this chapter as a result of the additional wages.
55	55	25 SECTION 5. Section 22 of said chapter 152 of the General Laws, as so appearing, is
56	56	26hereby amended by striking out, in lines 10, 11 and 12, the words “may be given in the manner
57	57	27therein provided or in such other manner as may be approved by the department” and inserting in
58	58	28place thereof the following words:-
59	59	29 shall be given to employees by posting a copy of the notice, as approved and issued by
60	60	30the department, in a visible location utilized by and accessible to all employees of the insured
61	61	31person and, depending on the customary manner in which the insured person communicates with
62	62	32employees, by providing a hard or electronic copy of the notice to each employee at the time of 3 of 5
63	63	33hire and when information contained in the notice changes. The notice shall include information
64	64	34on unlawful retaliation, discrimination and fraud under chapter 152 and shall be made available
65	65	35by the department in English and all other languages required under subsection (d)(iii) of section
66	66	3662A of chapter 151A. The insured person shall post the notice in English and all other primary or
67	67	37preferred languages of current employees and shall provide the notice to individual employees in
68	68	38their primary or preferred languages, except when the notice is not available from the department
69	69	39in those languages.
70	70	40 SECTION 6. Section 75B of said chapter 152 of the General Laws, as so appearing, is
71	71	41hereby amended by striking out paragraphs (2) to (4) in their entirety and inserting in place
72	72	42thereof the following paragraphs:-
73	73	43 (2) No person or entity, itself or through its agent, may discharge, refuse to hire, or in any
74	74	44other manner discriminate or take adverse action, or to threaten to discharge, refuse to hire, or in
75	75	45any other manner discriminate or take adverse action, against any person because that person
76	76	46has: (i) exercised a right afforded by this chapter, including reporting or seeking care for a work-
77	77	47related injury or illness; (ii) assisted any other person in exercising a right afforded by this
78	78	48chapter; (iii) informed any other person about a right afforded by this chapter; (iv) opposed a
79	79	49violation of this chapter; (v) testified or in any other manner cooperated with an inquiry or
80	80	50proceeding pursuant to this chapter; or (vi) because of a belief that the person may in the future
81	81	51engage in any such actions. For purposes of this paragraph, “adverse action” shall include any
82	82	52action to deprive an employee of any right afforded by this chapter, including through false
83	83	53denial of an employment relationship or false denial that an injury or illness was work related. 4 of 5
84	84	54 (3) There shall be a rebuttable presumption of a violation of paragraph (2) of this section
85	85	55if a person or entity, itself or through its agent, discharges, refuses to hire, or in any other manner
86	86	56discriminates or takes adverse action, or threatens to discharge, refuse to hire, or in any other
87	87	57manner discriminate or take adverse action, against a person within 90 days of that person’s
88	88	58exercise of a right afforded by this chapter, including: (i) reporting or seeking care for a work-
89	89	59related injury or illness; (ii) assisting any other person in exercising a right afforded by this
90	90	60chapter; (iii) informing any other person about a right afforded by this chapter; (iv) opposing a
91	91	61violation of this chapter; (v) or testifying or in any other manner cooperating with an inquiry or
92	92	62proceeding pursuant to this chapter. This presumption may be rebutted by clear and convincing
93	93	63evidence that the adverse action was taken for a permissible purpose and that the action would
94	94	64have been taken in the absence of the person’s exercise of a right afforded by this chapter. For
95	95	65purposes of this paragraph, “adverse action” shall include any action to deprive an employee of
96	96	66any right afforded by this chapter, including through false denial of an employment relationship
97	97	67or false denial that an injury or illness was work related.
98	98	68 (4) A person claiming to be aggrieved by a violation of paragraph 2 of this section may
99	99	69file a complaint with the attorney general, who may initiate criminal or civil proceedings
100	100	70pursuant to section 27C of chapter 149. Alternatively, a person claiming to be aggrieved by a
101	101	71violation of paragraph 2 of this section may, within 3 years after the violation, initiate a civil
102	102	72action; provided, however, that the 3-year limitation period shall be tolled from the date that the
103	103	73person files a complaint with the attorney general alleging violation of paragraph 2 of this
104	104	74section until the date that the attorney general’s office declines to pursue enforcement of that
105	105	75complaint or the date that an enforcement action by the attorney general becomes final. A person
106	106	76so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated 5 of 5
107	107	77damages, for any lost wages and other benefits, other actual and compensatory damages, costs of
108	108	78litigation and reasonable attorneys’ fees and may be awarded injunctive relief, punitive damages
109	109	79and other appropriate relief.
110	110	80 (5) Upon a determination by the commissioner that a request for data maintained by the
111	111	81department is intended to be used in such a manner as to violate the purposes of this section, the
112	112	82commissioner may find that the disclosure of such data constitutes an unwarranted invasion of
113	113	83personal privacy pursuant to chapter 4 and deny said request. Nothing in this section shall be
114	114	84construed to prohibit an insurer's right to obtain information held by the department regarding
115	115	85any employee who has filed a claim against such insurer.