Massachusetts contractor insurance requirements

Workers' comp in Massachusetts

Every Massachusetts employer with one or more employees, including part-time workers, must carry workers' comp. Corporate officers who own at least 25% of the company can file an affidavit of exemption for themselves.

The agency in charge is the Massachusetts Department of Industrial Accidents. It can tell you whether a specific business needs coverage, and most states let you look up an employer's policy online.

Contractor licensing and insurance

We found no statewide general liability minimum tied to a general contractor license. Cities and counties can set their own licensing and insurance rules, so check where the project is.

Indemnity and additional insured clauses

Massachusetts General Laws ch. 149, § 29C voids construction clauses that make a contractor indemnify another party for injury or damage that the contractor, its employees or the companies working under it did not cause.

What to check on a contractor COI for a Massachusetts project

1. Workers' comp. Nearly every contractor with employees needs it in Massachusetts. A contractor with a crew and no workers' comp on its COI is a gap. For an out-of-state contractor, confirm Massachusetts is listed on the workers' comp policy.
2. General liability. Massachusetts doesn't set a statewide floor for a general contractor license, so your project requirements set the bar. Compare each limit on the COI with what the contract asks for.
3. Additional insured. The endorsement is a separate promise from the indemnity clause, so check both. Ask for the endorsement itself, not just a box ticked on the certificate.
4. Dates. Every policy should run through the end of the job. A COI only shows coverage on the day it was issued, so check again at each renewal.

Forsured checks every contractor COI against your project requirements, then keeps checking for the life of the project. Send us one project's requirements and a contractor COI or two for a free COI risk check.