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Massachusetts: Independent Contractor Statute’s Definition of “Employee” Does Not Trump Workers’ Compensation Law

May 11, 2018 (1 min read)

The definition of “employee” contained within the Massachusetts independent contractor statute (Mass. Gen. Laws Ann. ch. 149, § 148B), does not displace the definition of “employee” contained in the state’s workers’ compensation law (Mass. Gen. Laws Ann. ch. 152, § 1). Accordingly, an administrative judge properly concluded that the claimant was an independent contractor where the claimant supplied all necessary instruments to complete her job, purchased her own independent contractor work insurance, and filed taxes as an independent contractor. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Camargo’s Case, 2018 Mass. LEXIS 328 (May 10, 2018)

See generally Larson’s Workers’ Compensation Law, § 60.02.

Source:Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law