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H 2851

An Act relative to disability or death cause by contagious disease; presumption

194th Legislature (2025-2026) Introduced by Carlos González and 1 co-sponsor

Massachusetts bill creates presumption that public employees' contagious disease disabilities or deaths are work-caused, shifting burden to employers to prove otherwise.

Accompanied H2846
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Bill Summary · H 2851

Legislative bill overview

H 2851 establishes a presumption that certain disabilities or deaths among public employees resulted from occupational exposure to contagious diseases. This means affected workers or their families would not need to prove the disease came from their job—the burden shifts to employers or insurers to disprove the connection. The bill applies specifically to workers in high-exposure occupations like healthcare, first responders, and corrections officers.

Why is this important

This directly affects workers' compensation claims and benefits for public employees who contract serious contagious diseases. It addresses a real gap where workers previously had to prove causation despite working in high-risk environments, which is difficult with diseases like COVID-19, tuberculosis, or other transmissible illnesses. The presumption could significantly increase access to workers' compensation and medical benefits for affected workers or survivor benefits for families.

Potential points of contention

  • Cost implications: Shifting the burden of proof could substantially increase workers' compensation payouts and insurance costs for municipalities and state agencies, raising questions about fiscal impact
  • Scope of "contagious disease": Unclear whether the presumption applies only to specific diseases or broadly to any contagious illness, potentially creating disputes over what qualifies
  • Definition of covered workers: The bill's application to "public service" employees may create disputes about which job categories actually face elevated occupational exposure versus routine public contact

Compiled from official sources — confirm details with the bill’s official record.

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