Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 49 (2026)

Claim in general

✓ current as of July 2026

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Section 49. The claim for compensation shall be in writing, and shall state the date, place, cause and nature of the injury. It shall be signed by the person injured, or, in the event of his death, by his legal representative, or by a person to whom payments may be due, or by a person in behalf of any of them, and shall be filed with the department. A claim for compensation shall not be held invalid or insufficient by reason of any inaccuracy in stating the date, place, cause or nature of the injury unless it is shown that it was the intention to mislead and that the insurer was in fact misled thereby.

Notes of Decisions

Cited in 14 cases, 1932–2009 · leading case: Swasey's Case, 395 N.E.2d 884 (Mass. App. Ct. 1979).

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Swasey's Case, 395 N.E.2d 884 (Mass. App. Ct. 1979). “G. L. c. 152, § 49. 5 The single member found that "late notice and claim are excused by the provisions of §§ 44 and 49, as to knowledge and want of prejudice.”

Johnson's Case, 181 N.E. 761 (Mass. 1932). “Rose [the shop doctor3 that his condition came from his work,” warranted the finding of the board member and the reviewing board that failure to give the required notice “did not prejudice the insurer.” The employee admits in his brief that no claim for compensation was filed by…”

Phillips's Case, 672 N.E.2d 122 (Mass. App. Ct. 1996). “Arrow also contends that Phillips’s claim is barred by G. L. c. 152, § 49, as in effect at the time of Phillips’s injury, which concerned itself with prejudice to an employer by the untimely filing of an employee’s claim.”

Mahoney's Case, 150 N.E.2d 729 (Mass. 1958). “The final contention by the self insurer is that there was error in the board’s finding of no prejudice because of the failure to file a claim "within the time fixed by section forty-one” (see G. L. c. 152, § 49). This contention cannot be maintained.”

Corbosiero's Case, 417 N.E.2d 1229 (Mass. App. Ct. 1981). · cites it 2× “Having done so, the insurer is precluded by G. L. c. 152, § 49, from raising a complaint as to the lack of a claim based on that injury.”

Baker's Case, 773 N.E.2d 466 (Mass. App. Ct. 2002). “In “exchange” for an extension in the limitations term for a worker to file a claim from one year to four years, the Legislature reduced the continuing liability of insurers by repealing the part of G. L. c. 152, § 49, that had provided an indefinite limitations extension based…”

Robinson's Case, 236 N.E.2d 889 (Mass. 1968). “G. L. c. 152, § 49. The board found that notice of the injury was given to the Center’s supervisor on the day of its occurrence, that shortly thereafter (two days according to undisputed evidence) the employee was admitted to the Cambridge City Hospital, and that since that time…”

Lendall's Case, 174 N.E.2d 422 (Mass. 1961). “The employee’s burden with respect to the late filing of the claim is governed by G. L. c. 152, § 49, which excuses delay “occasioned by mistake or other reasonable cause, or if it is found that the insurer was not prejudiced by the delay.”

Armstrong's Case, 472 N.E.2d 669 (Mass. App. Ct. 1984). · cites it 2× “See G. L. c. 152, § 49. The § 28 claim 1 was heard by a single member at some sixteen sessions spread out from December 20,1977, to August 9, 1981.”

DaGraca v. Feist, 278 N.E.2d 748 (Mass. 1972). “152, § 15, since it adequately informed the insurer of the claim and would have been a sufficient basis for voluntary payment of compensation by the insurer.”

Whitlock's Case, 281 N.E.2d 606 (Mass. 1972). “152, § 41, was given “as soon as practicable” after the happening of the injury. On the basis of the same evidence the board also found that “reasonable cause” existed for the delay in filing the claim for compensation under G.”

Sullivan's Case, 918 N.E.2d 841 (Mass. App. Ct. 2009). · cites it 2× “The statute also contained a broadly construed provision, G. L. c. 152, § 49, 6 mitigating the harshness of the short statute of limitations.”

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