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The Form 101, officially titled "Employer’s First Report of Injury or Fatality," plays a pivotal role within the Massachusetts workers' compensation system, representing an initial step in the process following a workplace injury or fatality. Issued by the Commonwealth of Massachusetts Department of Industrial Accidents, this document must be completed and submitted by employers to report any incident that leads to death or incapacitates an employee from earning wages for a period of five days or more, whether these are consecutive or not. It contains detailed sections requiring information about both the employee involved and the circumstances of the injury or fatality, including the date of injury, the nature and location of the incident, and an outline of the injury or exposure. Moreover, it also encompasses data regarding the employee's hire date, average weekly wage, and specifics about the employer and their workers' compensation insurance carrier. Critical to noting, the completion of this form is not an admission of liability by the employer, but rather a mandatory procedural requirement. Its purpose extends beyond mere notification; it serves as a foundational document ensuring that the rights of workers are acknowledged and acted upon, with failures to submit leading to potential fines, emphasizing its importance in maintaining the integrity of workplace safety and compensation practices.

101 Massachusetts Sample

FORM 101

The Commonwealth of Massachusetts

 

Department of Industrial Accidents – Department 101

 

1 Congress Street, Suite 100, Boston, Massachusetts 02114-2017

 

Info. Line 800-323-3249 ext. 470 in Mass. Outside Mass. - 617-727-4900 ext. 470

 

http://www.mass.gov/dia

EMPLOYER’S FIRST REPORT OF INJURY

OR FATALITY

DIA USE ONLY

THIS FORM MUST BE FILED BY THE EMPLOYER IN THE EVENT OF AN INJURY THAT RESULTS IN DEATH OR FIVE OR MORE CALENDAR DAYS OF TOTAL OR PARTIAL INCAPACITY FROM EARNING WAGES.

INSTRUCTIONS AND CODES ON THE REVERSE SIDE - Please Print Legibly or Type - Unreadable forms will be returned.

E

1. Employee’s Name (Last, First, MI):

 

2. Home Telephone Number:

3. Social Security Number*: 4. Sex:

 

 

 

 

 

 

 

 

 

 

 

 

M

 

 

 

 

 

 

 

 

 

M

F

P

 

 

 

 

 

 

 

 

 

 

 

5. Home Address (No., Street, City, State & Zip Code):

5a. Native Language Code:

6. Marital Status:

 

7. No. of Dependents:

L

 

 

 

 

 

 

 

 

 

 

 

 

O

 

 

 

 

 

 

 

M

S

 

 

 

 

 

Other:________________

 

 

 

 

 

 

 

 

 

Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

8. Date of Hire (mm/dd/yyyy):

9. Date of Birth (mm/dd/yyyy):

 

 

 

10. Average Weekly Wage:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

 

 

 

 

$

 

Estimated

Actual

 

11. Employer’s Name:

 

 

 

 

 

12. Federal Tax I.D. Number:

 

 

 

 

 

 

 

 

 

 

 

 

E

13. Employer’s Address (No., Street, City, State & Zip Code):

 

 

 

14. Employer’s Telephone Number:

 

M

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

 

 

L

 

 

 

 

 

 

15. Industry Code (See Reverse Side):

 

O

 

 

 

 

 

 

 

 

 

 

 

Y16. Workers’ Compensation Insurance Carrier and Tel. No. (NOT LOCAL AGENT/ADMINISTRATOR): 17. W.C. Policy Number:

E

R

18. Self-Insured?

Yes

No

 

19. Business Type :

Service Wholesale

Mfg.

 

 

 

If Yes, Self-Insurer Number:

 

 

Retail

Other ________________________

 

 

 

 

 

20a. Insurer’s Case/Claim File No.:

 

 

20. DATE OF INJURY (mm/dd/yyyy):

 

 

 

 

 

I

21. Was Employee Injured on Employer’s Premises?

Yes

No 22. Location of Injury if not on Employer’s Premises:

 

 

 

 

 

 

 

 

 

N

 

 

 

 

 

 

 

 

J

23. FIRST day of Total or Partial Incapacity to Earn Wages

24. FIFTH day of Total or Partial Incapacity to Earn Wages

 

 

 

 

 

 

 

 

 

U

(mm/dd/yyyy):

 

 

 

(mm/dd/yyyy):

 

 

 

 

 

 

 

 

 

 

 

R

 

 

 

 

 

 

 

 

Y 25. If Employee has Died, Date of Death (mm/dd/yyyy):

26. Source of Injury (Chemicals, Machinery, etc.):

 

I

N27. Briefly Describe How Injury/Exposure Occurred and Body Part(s) involved:

F

 

 

 

 

 

 

 

 

 

 

 

 

O

 

 

 

 

 

 

 

 

 

 

 

 

R

 

 

 

 

 

 

 

 

 

 

 

 

M

28. Person to Whom Injury was Reported (list position):

 

29. Date Reported (mm/dd/yyyy):

 

30. Date Reported as work related

 

 

A

 

 

 

 

 

 

 

 

 

 

 

(mm/dd/yyyy):

 

 

T

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I

 

 

 

 

 

 

 

 

 

 

 

 

31. Injury Code(s)

 

Body Part Code(s)

 

32. Witness(es) to Injury - Give Full Name(s), if none state as such:

 

O

 

 

 

a.

to body part

a.

 

 

 

 

 

 

 

 

 

N

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

to body part

b.

 

 

 

 

 

 

 

 

 

 

c.

to body part

c.

 

 

 

 

 

 

 

 

 

 

33. Has Employee Returned to Work?

Yes

No

 

34. Date Employee Returned to Work(mm/dd/yyyy):

 

 

 

35. Employee’s Regular Occupation:

 

 

 

 

36. Has Employee Returned to Regular Occupation:

Yes

No

P 37. PREPARER’S Name (SEE INSTRUCTIONS ON REVERSE SIDE):

 

38. PREPARER’S Title:

 

 

 

 

R

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

 

 

 

 

 

 

 

 

 

 

P

 

 

 

 

 

 

 

 

 

 

 

 

A 39. PREPARER’S Signature (SEE INSTRUCTIONS ON REVERSE SIDE):

 

40. Date Prepared (mm/dd/yyyy):

40a. PREPARER’S e-mail address:

R

 

 

 

 

 

 

 

 

 

 

 

 

E

 

 

 

 

 

 

 

 

 

 

 

 

R

 

 

 

 

 

 

 

 

 

 

 

 

*Disclosure of Social Security Number is Voluntary. It will aid in the processing of your report.

Form 101 - Revised 7/2010 - Reproduce as needed.

 

THIS FORM DOES NOT CONSTITUTE AN EMPLOYEE’S CLAIM FOR BENEFITS UNDER WORKERS’ COMPENSATION.

EMPLOYER’S FIRST REPORT OF INJURY OR FATALITY

FILING INSTRUCTIONS

1.WHEN TO FILE: File this form within 7 calendar days, not including Sundays and legal holidays, of receipt of notice of any injury alleged to have arisen out of and in the course of employment, which totally or partially incapacitates an employee for a period of 5 or more calendar days from earning wages. This form is not an admission of liability, but must be filed even though the Employer may believe that the Employee is not injured, or that the Employee is not entitled to benefits under M.G.L. Chapter 152.

2.WHERE TO FILE: This form should be mailed to the Department of Industrial Accidents at the address shown on the front of the form. Copies must also be provided to the Employee and to the Employer’s Workers’ Compensation insurer.

3.PENALTIES: Failure to report injuries on this form may result in a fine of $100.00 in accordance with M.G.L. Chapter 152, Section 6.

4.EMPLOYER’S NAME & SIGNATURE IN BOXES 37 & 39: This form must be filed by the employer or an authorized agent/representative of the employer.

NATIVE LANGUAGE CODES

1 – English / 2 – Portuguese / 3 – Haitian Creole / 4 – Spanish / 5 – Chinese / 6 – Vietnamese / 7 – Cape Verdean / 9 – Other

INDUSTRY CODES

Agriculture, Forestry and Fishing

28 Chemicals and Allied Products

51 Wholesale Trade - Non-durable Goods

78

Motion Pictures

01

Agriculture Production - Crops

29

Petroleum and Coal Products

 

 

79

Amusements and Recreation Services

02

Agriculture Production - Livestock

30

Rubber and Misc. Plastic Products

Retail Trade

80

Health Services

07

Agricultural Services

31

Leather and Leather Products

52

Building Materials and Garden Supplies

81

Legal Services

08

Forestry

32

Stone, Clay and Glass Products

53

General Merchandizing

82

Educational Services

09

Fishing, Hunting and Trapping

33

Primary Metal Industries

54

Food Stores

83

Social Services

Mining

34

Fabricated Metal Products

55

Automotive Dealers and Service Stations

84

Museums, Botanical, Zoological Gardens

35

Industrial Machinery and Equipment

56 Apparel and Accessory Stores

86

Membership Organizations

10

Metal Mining

36

Electronic and Other Electrical Equipment

57

Furniture and Home Furnishing Stores

87

Engineering and Management Services

12

Coal Mining

37

Transportation Equipment

58

Eating and Drinking Establishments

88

Private Households

13

Oil and Natural Gas

38

Instruments and Related Products

59

Miscellaneous Retail

89

Services, NEC

14

Nonmetallic Minerals, Except Fuels

39

Miscellaneous Manufacturing Industries

 

 

 

 

 

 

 

 

 

 

Construction

Transportation and Public Utilities

Finance, Insurance and Real Estate

Public Administration

60

Depository Institutions

91

Executive, Legislative and Garden

15

General Building Contractors

40

Railroad Transportation

61

Non-depository Institutions

92

Justice, Public Order, and Safety

16

Heavy Construction, Ex. Building

41

Local and Interurban Passenger Transit

62

Security and Commodity Brokers

93

Finance, Taxation, and Monetary Benefits

17

Special Trade Contractors

42

Trucking and Warehousing

63

Insurance Carriers

94

Administration of Human Services

 

 

 

 

43

U.S. Postal Service

Manufacturing

64

Insurance Agents, Brokers and Service

95

Environmental Quality and Housing

44

Water Transportation

20

Food and Kindred Products

65

Real Estate

96

Administration of Economic Program

45

Transportation by Air

21

Tobacco Products

67

Holding and Other Investment Officers

97

National Security and International Affairs

46

Pipelines, Except Natural Gas

22

Textile Mill Products

 

 

 

 

47

Transportation Services

Services

 

 

23

Apparel and Other Textile Products

Non-classifiable Establishments

48

Communications

70 Hotels and Other Lodging Places

24

Lumber and Wood Products

99

Non-classifiable Establishments

49

Electric, Gas and Sanitary Services

72

Personal Services

25

Furniture and Fixtures

 

 

 

 

73

Business Services

 

 

26

Paper and Allied Products

Wholesale Trade

 

 

75

Auto Repair Services and Parking

 

 

27

Printing and Publishing

 

 

50

Wholesale Trade - Durable Goods

 

 

76

Miscellaneous Repair Services

 

 

 

 

 

 

 

 

 

 

 

 

NATURE OF INJURY OR ILLNESS CODES

100

Amputation or Enucleation

157

Tuberculosis

281

Aluminosis

Other

110

Asphyxia or Strangulation Etc.

159

Other Infective or Parasitic Diseases

282

Anthracosis

265

Carpal Tunnel Syndrome

120

Burns (Heat)

Dermatitis

283

Asbestosis

510

Cardiovascular and Other Conditions

130

Burns (Chemical)

180

Dermatitis, UNS*

284

Byssinosis

 

of the Circulatory System

140

Concussion

183

Primary Infections of the Skin

285

Siderosis

520

Complications Peculiar to Medical Care

160

Contusion, Crushing, Bruise

184

Other Skin Conditions

286

Silicosis

500

Effects of Changes in Atmospheric

170

Cut, Laceration, Puncture

185

Dermatitis, Allergenic or Contact

287

Other Pneumoconioses

 

Pressure

190

Dislocation

189

Skin Condition, NEC**

289

Pneumoconiosis and Tuberculosis

240

Effects of Environmental Heat

200

Electric Shock, Electrocution

 

Poisoning Systemic

 

Nervous System, Conditions of

220

Effects of Exposure to Low Temperature

210

Fracture

270

Poisoning, Systemic, UNS*

560

Nervous System, Conditions of - NEC**

530

Eye, other Diseases of the Eye

250

Hernia, Rupture

271

Due to Toxic Materials other than Lead

561

Diseases of the Central Nervous

230

Hearing Loss or Impairment

300

Scratches, Abrasions

272

Diseases of the Blood and Blood Forming

 

System

991

Heart Condition ,Excludes Heart Attack

310

Sprains, Strains

 

Organs

562

Diseases of the Nerves and Peripheral

320

Hemorrhoids

400

Multiple Injuries

273

Upper Respiratory Conditions

 

Ganglia

330

Hepatitis, Serum and Infective

900

No Injury

274

Influenza, Pneumonia, Etc.

 

Neoplasm Tumor

275

Hepatitis, Toxic

950

Damage to Prosthetic Devices

276

Other Diseases of the Gastro-Intestinal

550

Neoplasm Tumor, UNS*

260

Inflammation of Joints, Etc.

995

No Other Injury, NEC**

 

Tract

551

Malignant

540

Mental Disorders

999

Non-classifiable

278

Effects of Lead

552

Benign

900

No Illness

 

Infective or Parasitic Disease

279 Other Toxic Effects of One System Only

 

Radiation Effects

999

Non-classifiable

150

Infective or Parasitic Disease, UNS*

Respiratory Systems, Conditions of

290

Radiation Effects, UNS*

990

Occupational Disease, NEC**

151

Amebiasis

570

Respiratory Systems, Conditions of

291

Non-Ionizing Radiation

580

Symptoms and Ill-defined Conditions

152

Anthrax

571

Upper Respiratory

292

Microwaves

 

 

153

Brucellosis

572

Asthma, Influenza, Pneumonia

293

Ionizing Radiation - X-Ray

 

 

154

Conjunctivitis and Opthalmia

 

Pneumoconiosis

294

Ionizing Radiation - Isotopes

 

 

156

Tetanus

280

Pneumoconiosis

295

Welder’s Flash

 

 

BODY PART AFFECTED CODES

Head

160

Skull

398

Upper Extremities, Multiple

513

Knee(s)

100

Head, UNS*

198

Head Multiple

400

Trunk, UNS*

515

Lower Leg(s)

110

Brain

200

Neck & Cervical Vertebrae

410

Abdomen, Internal Organs,

518

Leg(s), Multiple

120

Ear(s), UNS*

UPPER EXTREMITIES

 

Inguinal Hernia

519

Leg(s), NEC**

121

Ear(s), External

300

Upper Extremities, NEC**

420

Back

520

Ankle(s)

124

Ear(s), Internal

310

Arm(s), UNS*

430

Chest, Ribs, Breastbone,

530

Foot or Feet, Not Ankle

130

Eye(s), UNS*

311

Upper Arm

 

Internal Organs

540

Toe(s)

140

Face, UNS*

313

Elbow(s)

440

Hip(s)..,Pelvis, Organs and

598

Lower Extremities, Multiple

141

Jaw, Chin

315

Forearm(s)

 

Buttocks

700

MULTIPLE PARTS

144

Mouth and Throat (vocal chords, larynx)

318

Arm(s), Multiple

450

Shoulder(s)

 

Applies when more than one major body part

146

Nose

319

Arm(s), NEC**

498

Trunk, Multiple

 

as been effected such as an arm and a leg

148

Face, Multiple Parts

320

Wrist(s)

LOWER EXTREMITIES

999

NON-CLASSIFIABLE - Insufficient infor-

149

Face, NEC**

330

Hand(s), Not Wrists or Fingers

500

Lower Extremities

 

mation to identify part of body effected. In-

150

Scalp

340

Finger(s)

510

Leg(s), UNS*

 

cludes damage to prosthetic devises.

*UNS - UNSPECIFIED

**NEC - NOT ELSEWHERE CLASSIFIED

Form Breakdown

Fact Detail
Form Type Employer's First Report of Injury or Fatality
Authority The Commonwealth of Massachusetts Department of Industrial Accidents – Department 101
Address 1 Congress Street, Suite 100, Boston, Massachusetts 02114-2017
Contact Information Info. Line 800-323-3249 ext. 470 in Mass. Outside Mass. - 617-727-4900 ext. 470
Website http://www.mass.gov/dia
Requirement This form must be filed by the employer in the event of an injury resulting in death or five or more calendar days of total or partial incapacity from earning wages.
Filing Deadline Within 7 calendar days, not including Sundays and legal holidays, after receiving notice of the injury.
Governing Law M.G.L. Chapter 152
Penalties for Non-Compliance Failure to report on this form may result in a fine of $100.00, as per M.G.L. Chapter 152, Section 6.
Submission Method Form should be mailed to the Department of Industrial Accidents at the provided address. Copies must also be extended to the employee and the employer's Workers' Compensation insurer.
Non-Admittance of Liability Filing this form is not an admission of liability by the employer.

How to Write 101 Massachusetts

Filling out the Form 101 for the Commonwealth of Massachusetts requires careful attention to detail and accuracy to ensure that all the necessary information is captured correctly. This form plays a crucial role in the reporting process for workplace injuries or fatalities, providing essential data to the Department of Industrial Accidents. By following each step diligently, employers can fulfill their legal obligations and contribute to the effective management of industrial accident cases.

  1. Start by writing the employee's full name (last, first, and middle initial) in the designated section.
  2. Enter the home telephone number of the employee.
  3. Provide the Social Security Number of the employee, noting that its disclosure is voluntary but helpful for processing.
  4. Mark the appropriate box to indicate the employee's sex (M for male, F for female).
  5. Fill out the employee's home address, including the street number, city, state, and ZIP code.
  6. Identify the native language of the employee using the provided native language codes.
  7. Indicate the marital status of the employee by marking the appropriate box.
  8. Enter the number of dependents the employee has.
  9. List the date when the employee was hired.
  10. Provide the date of birth of the employee.
  11. State the average weekly wage of the employee, marking whether it is estimated or actual.
  12. Write the employer’s name in the designated field.
  13. Record the Federal Tax ID Number of the employer.
  14. Detail the employer's address, including street, city, state, and ZIP code.
  15. Enter the employer's telephone number.
  16. Use the industry codes to indicate the employer's sector.
  17. Provide the Worker’s Compensation Insurance Carrier information and contact number.
  18. State the Worker’s Compensation policy number.
  19. Indicate whether the employer is self-insured, and if so, provide the self-insurer number.
  20. Note the insurer's case or claim file number if available.
  21. Record the date of injury.
  22. Indicate whether the employee was injured on the employer’s premises.
  23. If the injury did not occur on the premises, provide the location of the injury.
  24. List the first day of total or partial incapacity.
  25. Detail the fifth day of total or partial incapacity.
  26. If applicable, provide the date of death.
  27. Describe the source of the injury (e.g., chemicals, machinery).
  28. Explain how the injury or exposure occurred and specify the body part(s) involved.
  29. Mention the person to whom the injury was reported and their position.
  30. State the date when the injury was reported.
  31. Indicate when it was reported as work-related.
  32. Input injury and body part codes as appropriate.
  33. List any witnesses to the injury, or state none if applicable.
  34. Specify if the employee has returned to work, as well as the date.
  35. Detail the employee’s regular occupation.
  36. Indicate whether the employee has returned to their regular occupation.
  37. Write the preparer's name, title, and provide their signature.
  38. Record the date when the form was prepared and include the preparer’s email address.

After completing Form 101 meticulously, the employer must submit it to the Department of Industrial Accidents within seven days of the incident (excluding Sundays and legal holidays), as stipulated by the Massachusetts General Laws (M.G.L) Chapter 152. Providing copies to the involved employee and the employer’s Workers’ Compensation insurer is also a mandatory step. Adhering to these instructions not only complies with legal requirements but also aids in the prompt and efficient handling of industrial accident reports.

Discover More on 101 Massachusetts

What is Form 101 and who needs to file it?

Form 101, also known as the Employer’s First Report of Injury or Fatality, must be filed by employers in Massachusetts in the event of an employee's injury that results in death or five or more calendar days of total or partial incapacity from earning wages. This requirement helps in the administration of workers' compensation claims.

When must Form 101 be filed?

Employers should file Form 101 within 7 calendar days, not including Sundays and legal holidays, after they receive notice of any injury that arose out of and during the course of employment and leads to total or partial incapacitation for a period of five or more calendar days.

Where should Form 101 be filed?

This form should be mailed to the Department of Industrial Accidents at the address provided on the front side of the form. Copies of the filed form must also be given to the injured employee and the employer’s workers' compensation insurance carrier.

Is the submission of Form 101 an admission of liability?

No, submitting Form 101 is not an admission of liability by the employer. It is required even if the employer believes the employee is not injured or is not entitled to benefits under the Massachusetts General Laws, Chapter 152.

What information is required on Form 101?

The form requires detailed information such as the employee’s name, address, social security number, employment details like date of hire, average weekly wage, and specifics of the injury including date, location, nature of the injury, whether it was reported, and by whom, among other details.

What are the penalties for failing to file Form 101?

Failure to report injuries using Form 101 can result in a fine of $100.00 as per the Massachusetts General Laws, Chapter 152, Section 6.

Can Form 101 be filed electronically?

The document provided does not specify whether electronic submission is allowed, so it's best to contact the Department of Industrial Accidents directly or visit their website for the most current filing methods.

Who prepares Form 101?

Form 101 must be prepared and filed by the employer, or an authorized agent or representative of the employer. It requires the preparer's name, title, and signature.

Does Form 101 serve as an employee's claim for workers' compensation benefits?

No, filing Form 101 does not constitute an employee's claim for benefits under workers' compensation. It is simply the employer's report of an injury or fatality.

What should an employer do if an employee returns to work after an injury?

If an employee returns to work after an injury, the employer should update the relevant information regarding the date of return and whether the employee has returned to their regular occupation on the form.

Common mistakes

Filling out the Form 101 for the Commonwealth of Massachusetts Department of Industrial Accidents accurately is crucial for employers. However, mistakes can arise during the process. Understanding these common errors can help in avoiding them and ensuring the form is correctly filed.

  1. Failing to file within the required timeframe - Employers must file the form within 7 calendar days, not including Sundays and legal holidays, after they become aware of an injury that incapacitates an employee for 5 or more days.

  2. Not providing clear and legible information - The form must be printed legibly or typed. Unreadable forms will be returned, which can lead to unnecessary delays in the processing of the claim.

  3. Omitting the employee’s Social Security Number - While disclosing the Social Security Number is voluntary, including it aids in the processing of the report.

  4. Incorrectly listing the date of injury or the first day of incapacity - Accurate dates are essential for the processing of benefits.

  5. Forgetting to include witness information - If there were witnesses to the injury, their full names should be provided. If there were no witnesses, this should also be stated.

  6. Leaving the employer and insurance information sections incomplete - Detailed information about the employer and the workers' compensation insurance carrier is required for identification and verification purposes.

  7. Misclassifying the nature of injury or illness - Employers should use the correct codes from the instructions to accurately describe the injury or illness.

Additionally, several common pitfalls often overlooked include:

  • Not double-checking the form for accuracy and completeness before submission.

  • Overlooking the need to provide a copy to both the employee and the employer’s workers' compensation insurance carrier.

  • Assuming that filing this form constitutes an admission of liability - It does not, but it is a mandatory requirement following an injury or fatality.

Being attentive to these details can facilitate a smoother claim process for both the employer and the employee, ensuring that benefits are delivered in a timely and efficient manner.

Documents used along the form

When completing the Form 101 for the Commonwealth of Massachusetts Department of Industrial Accidents, individuals often find that additional documents are needed to support their report or claim. These documents play a crucial role in ensuring that all aspects of the injury or fatality are accurately recorded and assessed. Understanding each document’s purpose can streamline the submission process and aid in the timely processing of claims.

  • Medical Records: These documents provide comprehensive details about the injuries sustained, the treatment administered, and the prognosis for recovery. They serve as a basis for evaluating the extent of injuries and the anticipated duration of incapacity.
  • Witness Statements: Accounts from individuals who witnessed the accident can offer crucial insights into how the injury or fatality occurred. These statements help in understanding the circumstances surrounding the incident and establishing facts.
  • Wage Statements: Documentation of the employee’s earnings prior to the injury is essential for calculating benefit entitlements. These statements verify the average weekly wage reported on Form 101, ensuring that compensation is accurately awarded.
  • Safety Inspection Reports: If the injury was related to a workplace hazard, any reports from safety inspections that occurred before or after the incident can be pivotal. These reports might identify potential causes or contributing factors to the injury or fatality.
  • Return to Work Form: This form is used when an employee is ready to return to work, either in a reduced capacity or to their regular duties. It outlines any work restrictions and is essential for managing the transition back to employment.

In conclusion, while the Form 101 is a critical document for reporting workplace injuries or fatalities, it is often just the starting point. The supplementary documents mentioned provide a fuller picture of the incident, contributing to a fair assessment and resolution of the claim. Gathering and submitting these additional documents promptly can significantly aid in the efficient handling of workers’ compensation cases.

Similar forms

The 101 Massachusetts form, officially known as the Employer's First Report of Injury or Fatality, serves a crucial role within the framework of workers' compensation proceedings in the Commonwealth of Massachusetts. Its structured design and purpose draw close parallels with similar documents employed across various jurisdictions, particularly emphasizing the preliminary reporting of workplace injuries or fatalities by employers. Among these comparable documents, the OSHA Form 300 and the First Report of Injury (FROI) form used in other states stand out, both in terms of function and objective.

The OSHA Form 300, a log of work-related injuries and illnesses maintained by employers under the guidelines set by the Occupational Safety and Health Administration, shares a fundamental similarity with Form 101 in its core purpose of recording work-related injuries. Both forms are integral to ensuring the health and safety of employees by documenting and analyzing incidents that occur in the workplace. Where Form 101 is specifically aimed at reporting a singular incident of injury or fatality, the OSHA Form 300 serves a broader role in chronicling all qualifying work-related health issues and injuries over a period. This continuous log aids employers and OSHA in identifying patterns that could indicate the need for corrective actions in workplace practices or conditions.

Similarly, the First Report of Injury or Illness (FROI) forms used in other states bear a resemblance to Form 101 through their shared objective of initiating the claims process following a work-related injury. While specifics may vary, these documents generally require the employer to detail the injured worker's personal information, the circumstances surrounding the injury or illness, and the initial medical response. Although the structure and coding may differ from state to state, the essence of the FROI aligns with that of Form 101 in its function as the initial notification to relevant workers' compensation authorities and insurance carriers. This document catalyzes the evaluation process for potential compensation benefits by providing a formal record of the incident.

Dos and Don'ts

When dealing with the Form 101 for Massachusetts, it’s crucial to get everything right the first time to avoid delays or issues. Here are some dos and don’ts to guide you through the process:

  • Do ensure all information is accurate and complete. Double-check every field for correctness.
  • Do print legibly if filling out the form by hand or type the information to avoid any misunderstandings.
  • Do file the form within 7 calendar days from the day you became aware of the injury or fatality, excluding Sundays and legal holidays.
  • Do provide copies of the completed form to both the employee affected and your workers' compensation insurer.
  • Do use the correct codes for industry, nature of injury, and body part affected from the instructions on the reverse side.
  • Don't leave any required fields empty. If a section does not apply, indicate with “N/A” or “None” as appropriate.
  • Don't ignore the need to file this form, even if you believe the injury is not work-related or does not qualify for benefits.
  • Don't disclose the employee’s social security number unless absolutely necessary. Remember, it’s voluntary but can aid in the report's processing.
  • Don't use incorrect codes for industry, nature of injury, or body parts. Refer to the instructions provided to ensure accuracy.
  • Don't forget to have the form filed by the employer or an authorized representative. It must be signed and dated correctly.

Misconceptions

Understanding the 101 Massachusetts form, also known as the Employer's First Report of Injury or Fatality, is crucial for correctly navigating the workers' compensation process. However, several misconceptions surround this form, and clearing them up can help both employers and employees manage workplace injuries more effectively.

  • Misconception 1: Filing Form 101 admits fault or liability on the part of the employer.
    Actually, submitting this form is a procedural requirement and does not constitute an admission of liability.

  • Misconception 2: The form must be filed only if the employee insists.
    In reality, employers are required to file this form for any injury resulting in death or incapacitating the employee for five or more calendar days, regardless of the employee’s or employer's beliefs about the claim.

  • Misconception 3: Personal information like the Social Security Number isn't important.
    While the disclosure of the Social Security Number is voluntary, including it aids in the processing of the report.

  • Misconception 4: Only injuries occurring on the employer’s premises need to be reported.
    The form must be completed for all relevant injuries, whether they occur on or off the employer's premises.

  • Misconception 5: If the employee returns to work quickly, the form doesn't need to be filed.
    Form 101 must be filed if the injury results in five or more days of total or partial incapacity, irrespective of the return to work status.

  • Misconception 6: Employers can file the form at any time after the incident.
    Employers are required to file the form within seven calendar days, not including Sundays and legal holidays, after learning about the injury.

  • Misconception 7: Small businesses are exempt from filing Form 101.
    All businesses, regardless of size, must comply with the filing requirement if the injury meets the criteria.

  • Misconception 8: The form is only a formality and has no real impact.
    The form is a critical component of the claims process and ensures that an injured employee can receive benefits in a timely manner.

  • Misconception 9: The employee's native language is inconsequential to the filing process.
    Indicating the employee's native language can help in providing targeted assistance and ensuring clear communication.

  • Misconception 10: Filing Form 101 replaces the need for any further action.
    Filing this form is only the first step in the claims process. Employers and employees must follow additional procedures as specified by the Department of Industrial Accidents.

Dispelling these misconceptions helps streamline the workers' compensation claims process, ensuring employees receive the benefits they're entitled to while keeping employers compliant with Massachusetts law.

Key takeaways

Filling out the Form 101 in Massachusetts, which is an Employer's First Report of Injury or Fatality, is a crucial task for employers after a workplace incident. Here are five key takeaways to ensure the process is handled correctly:

  • Timely Submission: It's imperative to file Form 101 within 7 calendar days, excluding Sundays and legal holidays, from when you learn about an injury that incapacitates an employee for 5 or more days. Timeliness ensures compliance with state regulations and aids in the efficient processing of the claim.
  • Accuracy is Key: Ensure all information is accurate and legible. Mistakes or unreadable information can delay the processing of the form. Whether you are reporting an injury or a fatality, detailed and precise information about the incident, including how it occurred and the nature of the injury, is crucial.
  • Legal Compliance: Remember, filing this form is not an admission of liability on the part of the employer, but rather a mandatory reporting requirement under Massachusetts General Laws Chapter 152. Compliance shields from potential fines and penalties, with failures to report being subject to a $100.00 fine.
  • Documentation Distribution: After filling out the form, submit it to the Department of Industrial Accidents and provide copies to the injured employee and the employer's Workers' Compensation insurer. This ensures all relevant parties are informed and can take appropriate actions.
  • Privacy Matters: The form requests sensitive information, including the employee's social security number. While disclosing this is voluntary, it facilitates the processing of the report. It's important to handle this and all personal information with care, respecting privacy and confidentiality.

Completing and using Form 101 correctly helps expedite the workers' compensation process, supports injured employees, and ensures employers meet their reporting obligations. Always double-check entries for accuracy and keep records of all submissions for future reference.

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