Workers' Comp for Cleaning in Massachusetts

Workers' Comp for Commercial Cleaning in Massachusetts (2026)

Massachusetts uses WCRIBMA (not NCCI) and its class 9014 has a distinctive scope covering chimney cleaning, exterminators, and janitorial. At $1.54/$100 (7/1/2024, unchanged for 2025 after Commissioner rejected 7.1% hike), it is one of the lower-cost major Northeast markets — but the $100/day/employee stop-work penalty is real.

Competitive market (WCRIBMA-rated; not NCCI)Statute: MGL c. 152 — Workers' Compensation Act; §25A (employer insurance obligation); §25C (stop-work order authority); §26 (coverage threshold); §28 (specific penalties for unreasonable delay); §34 (TTD rate); §35 (partial incapacity); §31 (max weekly benefit)Effective: Current; WCRIBMA rates effective July 1, 2024 (Commissioner rejected proposed 7.1% increase for July 1, 2025; rates unchanged from July 1, 2024 levels per Circular Letter #2445, May 2025)Last reviewed: Q2 2026

How workers' comp works for janitorial in Massachusetts

Massachusetts workers' compensation is governed by MGL Chapter 152 and administered by the Department of Industrial Accidents (DIA). The state uses its own independent rating bureau — the Workers' Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), headquartered in Boston (wcribma.org) — not NCCI. Every Massachusetts employer with at least one employee must carry WC coverage through a licensed private carrier; the state does not have a public insurance fund. Massachusetts's WC system is known for its relatively streamlined claims process but has above-average premium rates due to high medical costs and benefit levels in the Greater Boston metro.

Rating bureau: WCRIBMA (Massachusetts)

The WCRIBMA files Massachusetts-specific loss costs and rates with the Division of Insurance (DOI). The WCRIBMA files annually, targeting a July 1 effective date. For the 2025 filing, the WCRIBMA proposed a 7.1% rate increase effective July 1, 2025. The Commissioner of Insurance issued a Decision and Order on May 15, 2025 (Docket R2024-01) disapproving the increase, finding insufficient evidence to support the methodology. Result: rates remain unchanged from July 1, 2024 levels (Circular Letter #2445). The 2024 rates (class 9014: $1.54/$100) therefore remain the operative rates for 2025–2026 absent a new approved filing.

Class code and rate (Massachusetts 2024–2026)

Code 9014 — In Massachusetts, WCRIBMA class 9014 covers: Chimney Cleaning (residence, by vacuum suction); Exterminator; Floor Waxing or Polishing; and Janitorial Services by Contractors (broader than the NCCI 9014 definition). Applies to employers primarily providing janitorial services, routine cleaning, extermination, and residential chimney vacuum cleaning. Rate: $1.54 per $100 payroll (effective July 1, 2024; unchanged for July 1, 2025; WCRIBMA MACI lookup).
Loss constant: $20; minimum premium: $233 (WCRIBMA 2024 rates).
Code 9170 — Window Cleaning Above Ground Level. Substantially higher; separate payroll required.
Note: WCRIBMA class 9014 rate of $1.54/$100 is lower than the national NCCI average ($2.43/$100), reflecting Massachusetts's favorable janitorial loss history relative to benefit levels. Carriers apply individual LCMs above the WCRIBMA advisory rate.

Indemnity benefits (Massachusetts 2025–2026)

Max weekly TTD/PTD: $1,746.24/week (2025–2026 fiscal year; = 100% of Massachusetts SAWW; MGL c. 152 §31; resets each October 1 based on prior year SAWW published by the Executive Office of Labor and Workforce Development).
Min weekly TTD: ~$349/week (= 20% of SAWW; MGL c. 152 §31).
Waiting period: 5 calendar days (MGL c. 152 §29(b)); first 5 days compensated retroactively if disability exceeds 21 days.
TTD rate: 60% of gross average weekly wage (MGL c. 152 §34) — lower than most states' 66.67% gross rate, partially offset by the high SAWW maximum.
PPD: Section 35 schedule; paid at 75% of TTD rate for number of weeks per body part.
PTD: payable at TTD rate for life (MGL c. 152 §34A).

Coverage requirements and exemptions

Mandatory for all employers with 1 or more employees (MGL c. 152 §§25A, 26) — no minimum employee count.
Sole proprietors and partners may voluntarily elect coverage.
Corporate officers of closely held corporations may waive coverage using WCRIBMA WC-1 form if they own ≥25% of stock and file a waiver with the insurer.
Independent contractor test: Massachusetts applies the strict ABC test (MGL c. 149 §148B) — one of the nation's most difficult IC classification standards. Under part B (work outside the usual course of business), janitorial workers performing cleaning services for a cleaning contractor almost always qualify as employees. IC misclassification risk is high in Massachusetts.

Experience rating (Massachusetts)

WCRIBMA files its own experience rating plan for Massachusetts. Employers with approximately $8,000–$10,000 in expected losses become eligible for experience modification. The WCRIBMA's experience plan uses a 3-year loss development window, with primary and excess factors specific to Massachusetts. The WCRIBMA also administers a merit rating plan for smaller employers (under $5,000 expected losses) based on claim frequency. Massachusetts experience mods for janitorial contractors typically range 0.75–1.35.

Officer/owner waivers

Under WCRIBMA rules, a corporate officer who owns 25% or more of a closely held corporation (≤3 officers, family members) may waive coverage using Form WC-1. The waiver must be filed with the insurer and is reflected on the policy as an officer exclusion endorsement. Sole proprietors and partners are not employees by default but may elect coverage via their carrier. LLC members may waive coverage under the same 25% ownership threshold.

Penalties for non-compliance

Under MGL c. 152 §25C, the DIA may issue a stop-work order requiring immediate cessation of business operations.
Civil penalty: $100 per day per employee during the period of non-coverage (MGL c. 152 §25C(a)). For a janitorial company with 20 employees operating 30 days without coverage, potential penalty = $60,000.
Employer personally liable for all WC benefits that would have been covered by insurance.
Criminal misdemeanor for willful non-compliance; referral to Attorney General available.
§28 penalty: if the DIA determines that an employer caused an injury by serious and willful misconduct, it may award double compensation to the injured worker.

Recent rate changes (2024–2026)

July 1, 2023: Class 9014 rate was $1.65/$100.
July 1, 2024: Class 9014 rate decreased to $1.54/$100 (WCRIBMA Circular Letter #2432).
July 1, 2025: WCRIBMA proposed 7.1% increase; Commissioner rejected the filing (Docket R2024-01, May 15, 2025; Circular Letter #2445). Rates remain at July 1, 2024 levels.
2026 filing: WCRIBMA expected to file new rates for a July 1, 2026 effective date (traditional annual cycle). The rejected 2025 filing may create upward pressure for the 2026 filing.