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Bill

SD 1940

An Act relative to disability or death caused by infectious diseases, presumption

194th Legislature (2025-2026) Introduced by Nick Collins

Massachusetts bill presumes infectious disease disabilities in public employees are work-related, shifting burden to employers to disprove occupational exposure.

House concurred
0
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Bill Summary · SD 1940

Legislative bill overview

SD 1940 establishes a legal presumption that certain disabilities or deaths caused by infectious diseases are work-related for public employees, particularly first responders and healthcare workers. This means affected workers or their families would not need to prove the disease was contracted on the job—the burden shifts to the employer to disprove the connection. The bill streamlines workers' compensation claims for occupational infectious disease exposure.

Why is this important

This directly affects thousands of Massachusetts public employees in high-exposure roles (firefighters, police, nurses, paramedics) who face occupational disease risks. It reduces litigation costs and accelerates benefits for workers with serious infectious diseases, while potentially increasing workers' compensation insurance costs for municipalities and the state. The presumption approach became particularly relevant during the COVID-19 pandemic when workers' compensation claims for pandemic-related illnesses became contested.

Potential points of contention

  • Fiscal impact on municipalities: Towns and cities would bear increased workers' compensation costs for presumed infectious disease claims, potentially straining already tight budgets
  • Scope definition: The bill's specific language on which infectious diseases qualify and which workers are covered is critical—overly broad language could significantly increase claims, while narrow language might exclude vulnerable workers
  • Burden of proof reversal: Requiring employers to disprove work-relatedness rather than workers to prove it represents a substantial legal shift that employers' associations typically oppose

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

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