Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 41 (2026)

Notice of proceedings for compensation; limitation of actions

✓ current as of July 2026

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Section 41. No proceedings for compensation payable under this chapter shall be maintained unless a notice thereof shall have been given to the insurer or insured as soon as practicable after the happening thereof, and unless any claim for compensation due with respect to such injury is filed within four years from the date the employee first became aware of the causal relationship between his disability and his employment. In the event of death, no claim shall be made later than four years after the death. Where an action against a third person, as provided by section fifteen, is discontinued, no claim for compensation shall be made later than sixty days after such discontinuance.

The payment of compensation for any injury pursuant to this chapter or the filing of a claim for compensation as provided in this chapter shall toll the statute of limitations for any benefits due pursuant to this chapter for such injury.

Notes of Decisions

Cited in 33 cases, 1922–2016 · leading case: Alves's Case, 884 N.E.2d 468 (Mass. 2008).

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Alves's Case, 884 N.E.2d 468 (Mass. 2008). · cites it 6× “The Fund suggests that the most analogous statutes from which to borrow would be either G. L. c. 152, § 41 (four years), or G. L.”

Moss's Case, 889 N.E.2d 43 (Mass. 2008). · cites it 2× “employment”); G. L. c. 152, § 41 (requiring notice to employer or insurer “as soon as practicable after the happening [of the accident]”).”

Ins. Co. of the State of Pennsylvania v. Great N. Ins. Co., 45 N.E.3d 1283 (Mass. 2016). “G. L. c. 152, §§ 41, 42. The employer is required to give notice of the injury to the department and its workers’ compensation insurer within seven days, but the failure to do so results only in a nominal fine to the employer; 3 it does not bar the employee from obtaining…”

Johnson's Case, 181 N.E. 761 (Mass. 1932). · cites it 2× “” In his brief the employee admits that notice was not given the employer within the six months’ period called for by G. L. c. 152, § 41, but submits that the omission to file such notice is cured by the last sentence of § 44 which reads: “Want of notice shall not bar…”

McCracken v. Sears, Roebuck & Co., 744 N.E.2d 102 (Mass. App. Ct. 2001). “See G. L. c. 152, § 41, as appearing in St. 1965, c.”

Baker's Case, 773 N.E.2d 466 (Mass. App. Ct. 2002). · cites it 3× “There is a four-year limitations period under G. L. c. 152, § 41, that governs the filing of a workers’ compensation claim.”

Daly's Case, 537 N.E.2d 1224 (Mass. 1989). “36, 43 (1962) (word “compensation” in G. L. c. 152, § 41, applies to claim for double compensation under § 28).”

Richards's Case, 819 N.E.2d 604 (Mass. App. Ct. 2004). “, “Action against a Third Person as used in M. G. L. c. 152, § 41, shall be limited to” certain types of actions; “Cash Award as used in M.”

Swasey's Case, 395 N.E.2d 884 (Mass. App. Ct. 1979). “The insurer argues that Swasey is barred from receiving benefits because it did not receive notice of the injury "as soon as practicable after the happening thereof,” nor did Swasey file his claim for benefits within one year after the occurrence of the injury, all as required…”

Chambers v. Lemuel Shattuck Hosp., 669 N.E.2d 1079 (Mass. App. Ct. 1996). “The plaintiff claims in her brief that the statute of limitations was tolled pursuant to G. L. c. 152, § 41, as appearing in St. 1985, c.”

Herson's Case, 169 N.E.2d 865 (Mass. 1960). “” The insurer contends only that the employee ’s claim is barred under G. L. c. 152, §§ 41, 42, 43, 44, and 49 (as amended through St.”

Gaffer's Case, 181 N.E. 763 (Mass. 1932). “G. L. c. 152, § 41, provides that “No proceedings for compensation for an injury shall be maintained unless a notice thereof shall have been given to the insurer or insured as soon as practicable after the happening thereof, and unless the claim for compensation with respect to…”

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