Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 66 (2026)

Actions for injuries sustained by employees; limitations; defenses

✓ current as of July 2026

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Section 66. Actions brought against employers to recover damages for personal injuries or consequential damages sustained within or without the commonwealth by an employee in the course of his employment or for death resulting from personal injury so sustained shall be commenced within twenty years from the date the employee first became aware of the causal relationship between the disability and his employment. In such actions brought by said employees or by the Workers' Compensation Trust Fund pursuant to the provisions of subsection (8) of section sixty-five, it shall not be a defense:

1. That the employee was negligent;

2. That the injury was caused by the negligence of a fellow employee;

3. That the employee had assumed voluntarily or contractually the risk of the injury;

4. That the employee's injury did not result from negligence or other fault of the employer, if such injury arose out of and in the course of employment.

Notes of Decisions

Cited in 44 cases, 1922–2017 · leading case: Brown v. Leighton, 434 N.E.2d 176 (Mass. 1982).

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Brown v. Leighton, 434 N.E.2d 176 (Mass. 1982). · cites it 9× “152, the plaintiff instituted the instant action against his employer with the advantages afforded by G.L.c. 152, § 66. The plaintiff then filed a separate action against the allegedly negligent third party, Edward F.”

Lee v. Int'l Data Grp., 769 N.E.2d 761 (Mass. App. Ct. 2002). · cites it 6× “See G. L. c. 152, §§ 66, 67. Even if the judge had correctly determined that the separate identities of IDG and East West should be disregarded (a determination with which we disagree, see note 7, infra), the resulting conclusion, that IDG and East West are one and the same,…”

O'Dea v. J.A.L., Inc., 569 N.E.2d 841 (Mass. App. Ct. 1991). · cites it 4× “An employer required to maintain workers’ compensation insurance who does not do so (or fails to become a licensed self-insurer), is liable in tort to an injured employee without proof of negligence.”

Opinion of the Justices to the Senate & the House of Representatives, 309 Mass. 571 (Mass. 1941). · cites it 5× “The proposed law while not expressed in terms of compulsion would add a further inducement to an employer to insure under the workmen’s compensation law resulting from the amendment to G. L. c. 152, § 66, by the addition thereto of clause 4, whereby a noninsuring employer would…”

LaClair v. Silberline Mfg. Co., Inc., 393 N.E.2d 867 (Mass. 1979). · cites it 2× “Compare with G. L. c. 152, § 66. Although certain facts relevant to proof of entitlement to some workmen’s compensation were established at trial, we can offer no opinion regarding the extent of recovery herein by the plaintiff, the decedent’s estate, or other persons.”

McCracken v. Sears, Roebuck & Co., 744 N.E.2d 102 (Mass. App. Ct. 2001). · cites it 4× “Silva and Sears claimed that they did not have workers’ compensation insurance for McCracken, who brought an action in the Superior Court, seeking tort damages under G. L. c.”

Alves's Case, 884 N.E.2d 468 (Mass. 2008). · cites it 2× “152, § 2A (1991 amendment to G. L. c. 152, § 66, allowing twenty-year statute of limitations on actions against employer, was prospective only).”

Truong v. Wong, 775 N.E.2d 405 (Mass. App. Ct. 2002). · cites it 2× “Every employer in the Commonwealth, with certain limited exceptions, is required to carry workers’ compensation insurance, unless self-insured or a member of a self-insurance group if so qualified. See generally Locke, Workmen’s Compensation § 1, at 3 (Koziol Supp.”

Lyon v. Morphew, 424 Mass. 828 (Mass. 1997). “187, 193 (1982) (G. L. c. 152, §§ 66, 67, duty to provide workers’ compensation insurance).”

Barrett v. Transformer Serv., Inc., 374 N.E.2d 1325 (Mass. 1978). · cites it 2× “In December, 1968, Barrett brought a tort action in the Superior Court against Transformer Service 2 under G. L. c. 152, § 66. This statute, taken together with § 67, applies where an employer should have, but has not, become insured for workmen’s compensation, and in that case…”

Thorson v. Mandell, 525 N.E.2d 375 (Mass. 1988). “G. L. c. 152, §§ 66, 67 (1986 ed.). Peters v.”

Peters v. Michienzi., 432 N.E.2d 696 (Mass. 1982). · cites it 2× “See G. L. c. 152, §§ 66, 67. Count 2 alleges that the defendants are hable for breach of a contract wherein the defendants agreed to provide workmen’s compensation insurance for the benefit of the plaintiff.”

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