Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 40 (2026)

Guardian or next friend exercising employee's rights

✓ current as of July 2026

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Section 40. If an injured employee is mentally incompetent or is a minor when any right or privilege accrues to him, his guardian or next friend may in his behalf claim and exercise such right or privilege.

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003).

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Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003). “The only provision for the derivative exercise of an employee’s rights under the act is conferred *565 on the guardian or next friend of an employee pursuant to G. L. c. 152, § 40. To the extent that Bertocchi’s administrator relies on a common law “meeting of the minds”…”

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