Massachusetts workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in Massachusetts need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
Massachusetts at a glance
| Who must carry workers’ comp | Employers with 1 or more employees. |
|---|---|
| Where coverage comes from | Private insurers, plus self-insurance where approved |
| Regulator | Massachusetts Department of Industrial Accidents |
Are you liable for an uninsured sub in Massachusetts?
When an insured contractor hires an uninsured subcontractor, the contractor’s insurer can be responsible for the sub’s injured employees (M.G.L. c. 152, § 18).
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
What to collect from subcontractors in Massachusetts
- A certificate of insurance, usually an ACORD 25, showing GL, auto, umbrella and workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under Massachusetts rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by Massachusetts law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in Massachusetts?
Employers with 1 or more employees. Confirm details with the Massachusetts Department of Industrial Accidents.
Is a general contractor liable for an uninsured subcontractor in Massachusetts?
When an insured contractor hires an uninsured subcontractor, the contractor’s insurer can be responsible for the sub’s injured employees (M.G.L. c. 152, § 18).
What insurance should I require from subcontractors in Massachusetts?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the Massachusetts Department of Industrial Accidents or a licensed professional.
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