Massachusetts General Laws

Mass. Gen. Laws ch. 229, § 2B (2026)

Damages for death of employee by negligence of employer, etc

✓ current as of July 2026

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Section 2B. Except as otherwise provided in chapter one hundred and fifty-two, if, as the result of the negligence of an employer himself, or of a person for whose negligence an employer is liable under section one of chapter one hundred and fifty-three, an employee is instantly killed, or dies without conscious suffering, the surviving wife or husband of the deceased or, if there is no wife or husband surviving, the next of kin, who, at the time of such death, were dependent upon the wages of the deceased for support, shall have a right of action for damages against the employer. This section shall not apply to injuries caused to domestic servants or farm laborers by fellow employees.

Notes of Decisions

Cited in 6 cases, 1967–2008 · leading case: Saab v. Massachusetts CVS Pharmacy, LLC, 452 Mass. 564 (Mass. 2008).

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Saab v. Massachusetts CVS Pharmacy, LLC, 452 Mass. 564 (Mass. 2008). “152, § 68, provides that G. L. c. 229, § 2B, the provision for damages for death of an employee due to employer negligence, “shall not apply to employees of an insured person.”

Gaudette v. Webb, 284 N.E.2d 222 (Mass. 1972). “See now G. L. c. 229, § 2B, as amended. By St. 1897, c.”

In re Risdal & Anderson, Inc., 266 F. Supp. 157 (D. Mass. 1967). · cites it 2× “G.L. c. 229, § 2B. 1 The petition for exoneration from or limitation of liability was heard by Caffrey, J.”

Peerless Ins. v. Hartford Ins., 723 N.E.2d 996 (Mass. App. Ct. 2000). “” The application of G. L. c. 229, § 2B, the provision for punitive damages when death is caused by the employer’s negligence, is expressly barred by G.”

Ferriter v. Daniel O'Connell's Sons, Inc., 413 N.E.2d 690 (Mass. 1980). · cites it 2× “751, Part I, § 4, states that the wrongful death statute, G.L.c. 229, § 2B, does not apply to employees of employers covered by the provisions of G.”

Roumeliotis v. Zenga, 2 Mass. Supp. 54 (Mass. Super. Ct. 1980). · cites it 3× “Plaintiffs also rely on G.L. c. 229, § 2B which allows a widow to sue her husband’s employer for his negligent death.”

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