A serious injury on a farm can leave a worker facing medical bills, lost income, and uncertainty about what help is available. Although agricultural employment has distinct rules under some labor laws, Massachusetts generally requires employers to provide workers’ compensation insurance for their employees, including farm workers.
Farm workers may qualify for benefits whether they work full time, part time, or seasonally. Coverage still depends on factors such as whether the worker is an employee under Massachusetts workers’ compensation law and whether the injury arose out of and in the course of employment. Independent contractors, farm owners, and certain business owners may be treated differently. Understanding these distinctions can help an injured worker determine what options may be available.
Key Takeaways: Are Farm Workers Covered by Workers’ Compensation in Massachusetts?
- Farm workers are generally covered: Massachusetts generally requires employers to carry workers’ compensation insurance for employees, including agricultural employees.
- Seasonal and part-time workers may qualify: Working only during a particular season or for limited hours does not, by itself, eliminate workers’ compensation coverage.
- Employment status matters: Eligibility may depend on whether the worker is an employee rather than a genuine independent contractor.
- Immigration status generally does not prevent coverage: A worker who otherwise qualifies may be eligible for Massachusetts workers’ compensation benefits even without U.S. citizenship or federal work authorization.
- A four-year filing deadline generally applies: A claim usually must be filed within four years after the employee first becomes aware of the causal relationship between the disability and employment, although filing a claim or receiving compensation can toll that period.
Are Agricultural Employees Covered Under Massachusetts Law?
Yes. Massachusetts General Laws Chapter 152, §1 broadly defines an employee as a person working for another under an express or implied contract of hire. Farm laborers are not excluded from that definition simply because they perform agricultural work.
Massachusetts also generally requires employers to maintain workers’ compensation insurance for their employees. The state’s workers’ compensation insurance requirements apply regardless of how many hours most employees work.
A covered farm worker who suffers a qualifying work-related injury or illness may be eligible for benefits such as:
- Reasonable and necessary medical care related to the injury
- Partial wage replacement during a period of incapacity
- Compensation for certain permanent losses of function, scarring, or disfigurement
- Vocational rehabilitation in appropriate cases
- Death benefits for qualifying dependents when a work-related injury or illness is fatal
Not everyone performing work on a farm will necessarily qualify as an employee. A sole proprietor or partner generally must elect workers’ compensation coverage for themselves. Certain corporate officers who own at least 25% of the corporation may also obtain an exemption by following the statutory waiver process. An unpaid family member who is not working under a contract of hire may present another coverage question.
How Does Employee or Independent-Contractor Status Affect Coverage?
Workers’ compensation generally covers employees, not genuine independent contractors. However, calling a worker an “independent contractor” in a written agreement does not automatically determine the worker’s status.
For Massachusetts workers’ compensation claims, employment status is determined under Chapter 152 and the multifactor test recognized by Massachusetts courts. The separate three-part independent-contractor test used for certain Massachusetts wage laws does not control eligibility under the workers’ compensation statute.
Relevant considerations may include:
- How much control the farm exercises over the details of the work
- Whether the worker performs a distinct occupation or business
- Who provides the tools, machinery, or equipment
- How the worker is paid
- The duration of the working relationship
- Whether the work is part of the farm’s regular business
- Whether either party can end the working relationship
- How the parties have treated the relationship for tax and insurance purposes
Because no single label or factor necessarily resolves the issue, a farm worker who has been classified as an independent contractor may still need an individualized review of the working relationship.
What Injuries and Illnesses Commonly Affect Farm Workers?
Agricultural work may involve heavy machinery, livestock, elevated work areas, repetitive physical labor, chemicals, dust, and extreme weather. These conditions can contribute to both traumatic work-related injuries and gradually developing occupational illnesses.
Common examples include:
- Tractor rollovers and machinery accidents
- Equipment entanglements
- Falls from ladders, lofts, or barn structures
- Injuries caused by livestock
- Strains and overuse injuries from lifting or repetitive work
- Heat-related illnesses
- Respiratory conditions associated with grain dust or other airborne substances
- Illnesses associated with pesticide or chemical exposure
- Vehicle accidents occurring during authorized farm work
Agriculture remains a particularly hazardous industry. According to the Centers for Disease Control and Prevention, the agriculture, forestry, fishing, and hunting sector recorded 18.6 fatal injuries per 100,000 full-time-equivalent workers in 2022, compared with 3.7 across all U.S. industries. That made the sector’s fatal injury rate approximately five times the overall rate.
A farm worker should seek appropriate medical care after an injury and explain how the condition is connected to the job. This creates a medical record of the symptoms, diagnosis, and reported circumstances. Workers who develop respiratory, repetitive-stress, or other occupational illnesses may also need medical evidence connecting the condition to workplace exposure or job duties.
What Workers’ Compensation Benefits May Be Available?
A covered farm worker may qualify for several kinds of Massachusetts workers’ compensation benefits, depending on the injury and its effects.
Medical benefits may cover adequate and reasonable health care services related to the compensable injury. This can include hospital care, physician visits, prescription medication, physical therapy, diagnostic testing, and other necessary treatment.
Temporary total incapacity benefits generally equal 60% of the worker’s pre-injury average weekly wage when the injury prevents the worker from performing any work. These benefits are subject to statutory minimums, maximums, and duration limits.
Temporary partial incapacity benefits may be available when the worker can perform some work but earns less because of injury-related restrictions. The calculation generally considers the difference between the worker’s pre-injury average weekly wage and post-injury earning capacity, subject to the statutory cap.
Massachusetts law also provides specific compensation for certain permanent losses of function, amputations, scars, and disfigurement. These benefits are determined under the statutory schedule and are separate from temporary wage-replacement benefits.
If a work-related injury or illness causes a farm worker’s death, qualifying dependents may be able to seek weekly death benefits and certain burial expenses. More information about the state’s wage benefits is available in our guide to how workers’ compensation replaces lost wages in Massachusetts.
Does Seasonal or Part-Time Farm Work Affect Eligibility?
Seasonal or part-time status does not automatically prevent a farm worker from receiving workers’ compensation benefits. If the individual is an employee under Chapter 152 and suffers a qualifying work-related injury, coverage may apply even if the worker was recently hired or expected to work only during planting, harvesting, or another limited period.
The length and nature of employment can, however, affect the calculation of the worker’s average weekly wage. Massachusetts generally begins with the employee’s earnings during the 12 calendar months immediately preceding the injury. If the employee lost more than two weeks of work during that period, the statute provides an adjustment to the calculation.
When the employee worked for the farm for only a short time, or when the nature or terms of the employment make the standard calculation impracticable, Massachusetts may consider:
- The average weekly earnings of a person in the same grade performing the same work for the same employer; or
- If no such worker exists, the earnings of a comparable worker in the same class of employment and district
A covered worker does not need to complete a minimum period of farm employment before a qualifying injury can be eligible for medical benefits. Nevertheless, short-term and irregular earnings can make wage calculations more complicated. Pay stubs, time records, employment agreements, and prior wage information may help establish the correct benefit rate. Our article about Massachusetts workers’ compensation for part-time employees provides additional information.
How Do You File a Workers’ Compensation Claim After a Farm Injury?
An injured farm worker should report the accident or occupational condition to the employer as soon as practicable. The report should identify when and where the injury happened, the work being performed, and the affected parts of the body.
A worker may also want to:
- Obtain appropriate medical treatment.
- Tell medical providers that the condition is work-related.
- Keep copies of medical records and work restrictions.
- Document missed work and reduced earnings.
- Preserve photographs or other evidence from the accident scene when possible.
- Record the names of witnesses.
- Keep copies of communications from the employer and insurance company.
To receive benefits, the worker generally must establish that the injury arose out of and in the course of employment. Proof that the farm owner was negligent is generally not required for an ordinary workers’ compensation claim.
If the insurer does not voluntarily pay the requested benefits, the employee may file a formal claim with the Massachusetts Department of Industrial Accidents using Form 110 and supporting documentation.
When Must the Employer Report a Farm Injury?
When a work injury prevents an employee from earning full wages for five or more full or partial calendar days, the employer generally must electronically file an Employer’s First Report of Injury/Illness, known as Form 101.
The employer has separate reporting obligations. If the injury incapacitates an employee from earning full wages for five or more calendar days, the employer generally must submit an Employer’s First Report of Injury, Illness or Death (Form 101) within seven calendar days—excluding Sundays and legal holidays—after receiving notice of the injury.
The five days do not need to be consecutive. An injury involving fewer than five lost days may still qualify for medical benefits even though it does not trigger the same Form 101 filing requirement or qualify the worker for weekly incapacity benefits.
The employer’s failure to file Form 101 does not prevent an injured worker from filing a claim. A worker who believes the employer has failed to report the injury may contact the insurer or file Form 110 directly with the Department of Industrial Accidents.
How Long Does a Farm Worker Have to File a Claim?
Under Massachusetts General Laws Chapter 152, §41, a workers’ compensation claim generally must be filed within four years from the date the employee first becomes aware of the causal relationship between the disability and employment.
For a sudden farm accident, the worker may recognize the relationship immediately. With an occupational illness or gradually developing injury, the connection may not become apparent until later. The deadline is based on awareness of the relationship between the work and the disability, not necessarily the date of the first exposure or symptom.
The payment of workers’ compensation for an injury or the filing of a claim can toll the limitations period for benefits arising from that injury. A claim involving a worker’s death generally must be filed within four years after the death.
Workers should not assume that a delayed claim will be protected by an exception. Reporting the injury and addressing any necessary filings promptly can reduce disputes over notice, causation, and deadlines.
Are Undocumented Farm Workers Eligible for Workers’ Compensation?
Immigration status does not, by itself, prevent an otherwise eligible employee from receiving Massachusetts workers’ compensation benefits. The Massachusetts Department of Industrial Accidents has recognized that undocumented workers can fall within Chapter 152’s definition of an employee, including when the worker lacked federal work authorization.
The worker must still establish the same basic elements required in other claims, including an employment relationship, a work-related injury or illness, and entitlement to the particular benefits requested.
Undocumented workers may be especially hesitant to report an injury because they fear retaliation or immigration consequences. That concern should not be confused with workers’ compensation eligibility. A worker facing threats or retaliation may benefit from obtaining legal guidance about the available protections and the safest way to pursue a claim.
What Happens If a Farm Worker’s Claim Is Denied?
An insurance company may deny a workers’ compensation claim by disputing the employment relationship, whether the injury was work-related, the extent of the disability, or the necessity of the requested treatment.
An injured worker may challenge the denial by filing a claim with the Department of Industrial Accidents. The dispute-resolution process generally includes the following stages:
| Phase | What Happens |
|---|---|
| Conciliation | The parties participate in an informal meeting with a DIA conciliator to determine whether the dispute can be resolved. |
| Conference | An administrative judge reviews the parties’ presentations and supporting documents and issues a temporary order granting or denying benefits. |
| Hearing | If the conference order is appealed, the case proceeds to a formal evidentiary hearing before the administrative judge. |
| Reviewing Board | A party may appeal the hearing decision to the DIA Reviewing Board based on alleged legal errors. |
A party generally has 14 calendar days to appeal a conference order. At the formal hearing stage, the parties may submit medical records, witness testimony, depositions, wage information, and other relevant evidence.
Consistent medical histories and documentation can be especially important when the insurer disputes whether a gradually developing condition or occupational illness resulted from farm work.
Can an Injured Farm Worker Sue the Farm Owner?
For a covered employee who has not preserved common-law rights under Massachusetts law, workers’ compensation is generally the exclusive remedy against an insured employer for a compensable work injury. This ordinarily prevents the employee from bringing a separate negligence lawsuit against the employer for the same injury.
Different issues may arise when an employer was legally required to carry workers’ compensation insurance but failed to do so. The Massachusetts Workers’ Compensation Trust Fund may pay certain approved claims against illegally uninsured employers, and other civil remedies may require consideration depending on the circumstances.
An injured worker may also have a separate third-party claim when someone other than the employer is legally responsible. Potential third parties in an agricultural accident might include:
- A manufacturer of defective farm equipment
- An outside contractor
- A negligent driver
- A property owner other than the employer
- A company responsible for maintaining or repairing machinery
A third-party lawsuit is separate from the workers’ compensation claim and generally requires proof of negligence or another basis for liability. The workers’ compensation insurer may also have a lien against a third-party recovery. Our discussion of the Massachusetts exclusive-remedy rule provides more information.
How Can a Massachusetts Workers’ Compensation Lawyer Help?
A workers’ compensation attorney can evaluate whether an injured farm worker qualifies as an employee, determine whether the employer had applicable insurance, and identify the benefits that may be available.
Legal assistance may be particularly useful when:
- The employer describes the worker as an independent contractor
- The farm or insurer denies that the injury was work-related
- The worker has irregular or seasonal earnings
- The insurer disputes the extent of disability
- Necessary medical treatment has been denied
- The employer did not carry workers’ compensation insurance
- A third party may share responsibility for the accident
- A filing or appeal deadline is approaching
An attorney can also help obtain medical and employment records, calculate the worker’s average weekly wage, file required forms, present evidence during the DIA process, and evaluate whether a separate third-party claim may be available.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You
At Brandon J. Broderick, Attorney at Law, we believe everyone deserves top-tier legal representation, regardless of their financial situation or the complexity of their case. You do not have to navigate this difficult time alone. We are committed to supporting you through every phase of the legal process, providing compassionate guidance when you need it most.
Our dedicated team is available 24/7 to listen to your story, review the circumstances of your case, and pursue the full compensation available under the law. Take the next step toward protecting your health, finances, and legal rights. Contact us today for a free, no-obligation legal consultation.