Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 68 (2026)

Applicability of statutes relating to employers' liabilities

✓ current as of July 2026

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Section 68. Chapter one hundred and fifty-three and sections two B and six C to six F, inclusive, of chapter two hundred and twenty-nine shall not apply to employees of an insured person or a self-insurer, nor to laborers, workmen or mechanics employed by the commonwealth or any county, city, town or district subject to sections sixty-nine to seventy-five, inclusive, who are entitled to the benefits provided by said sections, while this chapter is applicable thereto.

Notes of Decisions

Cited in 5 cases, 1922–2001 · leading case: Peerless Ins. v. Hartford Ins., 723 N.E.2d 996 (Mass. App. Ct. 2000).

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Peerless Ins. v. Hartford Ins., 723 N.E.2d 996 (Mass. App. Ct. 2000). · cites it 3× “Such situations, Peerless argues, include suits brought by anyone not subject to the tort bar of G. L. c. 152, § 68, for such employment-related injuries or death.”

Gillard's Case, 244 Mass. 47 (Mass. 1923). “G. L. c. 152, § 68. Thus it is wholly optional with both the employer and the employee whether to become subject to the act or to stay out of it.”

McDonnell v. Berkshire Street Ry. Co., 243 Mass. 94 (Mass. 1922). “It is provided by G. L. c. 152, § 68, being a re-enactment of the substance of the original act, St.”

Ferriter v. Daniel O'Connell's Sons, Inc., 413 N.E.2d 690 (Mass. 1980). · cites it 4× “Moreover, G.L.c. 152, § 68, inserted by St. 1911, c.”

McLean v. Beverly Enter.-Massachusetts, Inc., 12 Mass. L. Rptr. 707 (Mass. Super. Ct. 2001). · cites it 2× “G.L.c. 152, §68. Section 68 precludes any civil action for wrongful death of an employee who is subject to the provisions of the workers’ compensation laws.”

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