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Fill Your 101 Massachusetts Form

The Form 101 Massachusetts, also known as the Employer’s First Report of Injury or Fatality, is a crucial document managed by the Commonwealth of Massachusetts Department of Industrial Accidents. It serves the essential function of reporting workplace injuries or deaths that lead to an employee being totally or partially incapacitated from earning wages for five or more calendar days. This report is not only a requirement by law but also a vital step in ensuring workers receive the appropriate compensation and support following an incident at work. To ensure compliance and support for affected employees, it’s important to fill out the form carefully and submit it as directed.

Ready to ensure the well-being of your employees and meet legal requirements? Click the button below to fill out the Form 101 Massachusetts accurately.

Understanding the intricacies of workplace incidents and their implications is critical for both employers and employees in Massachusetts. At the heart of this process is the Form 101 - Employer’s First Report of Injury or Fatality, mandated by the Commonwealth of Massachusetts Department of Industrial Accidents. This document plays a pivotal role whenever an injury results in death or necessitates five or more calendar days of total or partial incapacity from earning wages. It outlines the necessity for employers to promptly report these incidents, providing detailed information about the injured employee, the circumstances of the injury or fatality, and subsequent actions taken. The form serves as a foundational piece for ensuring that employees receive appropriate medical attention and benefits, while also fulfilling the employers' legal obligations. Equally important are the instructions and codes included, guiding the completion process and stressing legibility to avoid returns. Notably, the form explicitly clarifies that its submission does not equate to an admission of liability by the employer, underlining the procedural nature of this requirement within the broader context of workers' compensation and employer responsibilities in Massachusetts.

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

Document Information

Fact Name Description
Form Title Employer's First Report of Injury or Fatality
Form Number 101
Issuing Body Commonwealth of Massachusetts Department of Industrial Accidents – Department 101
Form Revision Date Revised 7/2010
Purpose To be filed by employers in the event of an injury resulting in death or five or more calendar days of total or partial incapacity from earning wages
Filing Requirement Within 7 calendar days, not including Sundays and legal holidays, after notice of injury that incapacitates an employee for a period of 5 or more calendar days
Governing Law M.G.L. Chapter 152
Penalty for Non-Compliance Failure to report such injuries may result in a fine of $100.00

Guidelines on Filling in 101 Massachusetts

Fulfilling the obligations set by the Commonwealth of Massachusetts regarding workplace injuries is a critical step for both the protection of employees and compliance with state laws. The Employer’s First Report of Injury or Fatality, also known as Form 101, plays a pivotal role in reporting injuries that lead to death or incapacitate an employee from earning wages for five or more days. Adherence to the detailed sections of the form ensures that the necessary information is provided accurately and efficiently, safeguarding the interests of all parties involved. Following the specified steps to complete this form is not just a procedural necessity but a fundamental aspect of workplace responsibility and care.

  1. Begin by ensuring that the form is legible; typed responses are preferred. This mitigates the risk of it being returned for poor readability.
  2. Complete section "E" with the Employee’s Name, including their last name, first name, and middle initial.
  3. Fill in the Home Telephone Number and Social Security Number of the injured or deceased employee. Remember, disclosing the Social Security Number, while voluntary, expedites processing.
  4. Indicate the Sex, Home Address, and Native Language Code of the employee as required.
  5. Provide details about the employee’s Marital Status, Number of Dependents, Date of Hire, Date of Birth, and Average Weekly Wage.
  6. Under section "E", input the Employer’s Name, Federal Tax ID Number, and complete address including the telephone number.
  7. Refer to the Industry Codes on the reverse side of the form to enter the correct Industry Code.
  8. Provide the Worker’s Compensation Insurance Carrier details, including the telephone number and the policy number. If self-insured, include the Self-Insurer Number.
  9. Fill in details regarding the type of business, under section "M" - Service, Wholesale, Manufacturing, etc.
  10. Specify the insurer’s case or claim file number, if available.
  11. Accurately enter the Date of Injury, and if the injury occurred on the employer’s premises. If not, provide the location of the injury.
  12. Record the first and fifth day of total or partial incapacity to earn wages, and the date of death if applicable.
  13. Describe how the injury or exposure occurred, specifying the body part(s) involved.
  14. Enter the name of the person to whom the injury was reported, the date reported, and the date reported as work-related.
  15. Fill in the Injury Code(s) and Body Part Code(s), based on the reverse side instructions.
  16. List the witness(es) to the injury, if any, or state "none" if there are none.
  17. Indicate whether the employee has returned to work, and if so, the date and if they returned to their regular occupation.
  18. Complete the preparer section with the name, title, signature, and date prepared, as well as the preparer’s email address for any further communication.

Upon successful completion of Form 101, it should be filed within 7 calendar days, excluding Sundays and legal holidays, from receiving notice of an injury that incapacitates an employee for 5 or more calendar days. Failure to comply with this requirement may result in penalties, emphasizing the importance of timely and accurate report submission. To ensure compliance, copies of the completed form must be provided to both the injured employee and the employer's Workers' Compensation insurer. This systematic approach ensures that all parties are informed and that the employee can access any entitled benefits in a timely manner.

More About 101 Massachusetts

What is Form 101 used for in Massachusetts?

Form 101, also known as the Employer's First Report of Injury or Fatality, is used in Massachusetts for employers to report an injury or death that occurred on the job. This form needs to be filled out when an injury results in death or if the injured employee is unable to work for five or more calendar days, either totally or partially incapacitated, and unable to earn wages as a result.

When is the deadline to file Form 101?

The form must be submitted within seven calendar days, excluding Sundays and legal holidays, from when the employer receives notice of the injury that incapacitates the employee for five or more calendar days.

Who is required to file Form 101?

The employer is responsible for filing Form 101, whether directly or through an authorized agent or representative. It’s a mandatory requirement following a qualifying injury or fatality, regardless of the employer's opinion on the validity of the injury claim.

Where should Form 101 be filed?

The completed Form 101 should be mailed to the Department of Industrial Accidents at the address provided on the form. Copies of the form must also be given to the injured employee and the employer’s workers' compensation insurance carrier.

What happens if I don’t file Form 101?

Failing to file Form 101 may lead to a fine of $100.00. This penalty is enforced under the Massachusetts General Laws Chapter 152, Section 6, underscoring the importance of timely and accurate filing.

Is filing Form 101 an admission of liability?

No, submitting Form 101 is not an admission of liability by the employer. It's a procedural step required under Massachusetts law to report a work-related injury or death but does not indicate the employer's acceptance of the claim.

What information is required on Form 101?

The form requires detailed information about the injured employee, including their name, address, social security number, date of birth, and employment details such as their occupation, date of hire, and average weekly wage. Details about the injury, including the date, location, and nature of the injury or fatality, are also required, along with information about the employer and their workers' compensation insurance carrier.

Can the form be submitted electronically?

The instructions on the form do not specify electronic submission options. It appears that the form should be printed, filled out, and mailed to the relevant parties as required. Always check with the Department of Industrial Accidents for the most current procedures.

What if the employee dies as a result of their injuries?

If an employee dies due to their work-related injury, it is crucial to report the death on Form 101. The form includes a section for reporting a fatality, including the date of death. This information helps ensure that the appropriate death benefits can be processed and provided to the surviving family members or dependents under the workers’ compensation system.

Common mistakes

    Four common mistakes made when filling out the FORM 101 for the Massachusetts Department of Industrial Accidents include:

  1. Incorrect Information: Filling in incorrect details about the employee or the incident. This includes misspelling the employee’s name, incorrect Social Security numbers, or inaccurate descriptions of the injury or fatality. Accuracy is crucial for processing and verifying the claim.

  2. Omitting Details: Leaving sections blank or not providing sufficient detail about how the injury or fatality occurred and the body part(s) involved. Each field on the form provides vital information that impacts the processing of the report. Failure to include all required information can result in delays or the form being returned.

  3. Failure to Report in a Timely Manner: Not filing the form within 7 calendar days, not including Sundays and legal holidays, of the injury that incapacitates an employee for a period of 5 or more calendar days. Timeliness is mandated by law, and failure to adhere to this timeframe can result in penalties.

  4. Inaccurate Employer or Insurance Information: Misreporting or neglecting to provide the full details regarding the employer’s name, address, Industry Code, Workers’ Compensation Insurance Carrier, and policy number. This information is essential for identifying the correct employer and insurance coverage related to the claim.

    Beyond these common errors, it's important for employers to:

  • Double-check all entered information for accuracy before submission.

  • Ensure that both the description of the incident and the injury codes are accurately filled out, referring to the instructions and codes provided on the reverse side of the form.

  • Sign and date the form, as unsigned forms will not be processed.

  • Provide copies to all pertinent parties, including the injured employee and the insurance carrier, as required.

Documents used along the form

When processing an Employer's First Report of Injury or Fatality, known as Form 101 in Massachusetts, it is often just the first step in a comprehensive reporting and claim handling process after a workplace injury. The cooperation between an employer, the injured worker, and insurance carriers involves multiple forms and documents to ensure accurate reporting, claim management, and compliance with state regulations. Understanding these supplementary documents can provide clarity and efficiency in managing workplace injuries.

  • Form 104 - Insurer's Notification of Payment or Denial: Issued by the workers' compensation insurance carrier, this form indicates whether the insurer intends to pay or deny the claim based on the preliminary information provided.
  • Form 105 - Agreement to Extend 180-Day Payment-Without-Prejudice Period: This document may be used to extend the initial 180 days during which an insurer can pay benefits without formally accepting liability for the claim.
  • Form 106 - Insurer’s Complaint for Modification, Discontinuance, or Recoupment of Compensation: Filed by the insurer if there is a need to modify, discontinue, or recoup compensation already paid out in relation to the injury.
  • Form 108 - Lump Sum Agreement: This form is an agreement between the injured worker and the insurer to settle the claim for a one-time payment instead of ongoing benefits.
  • Form 110 - Employee’s Claim: Used by the employee to file a claim for workers' compensation benefits if the employer or insurer has not initiated payments or if there is a dispute about benefits.
  • Form 111 - Insurer’s Response to Employee’s Claim: This is the insurer’s formal response to the employee’s claim, stating acceptance, denial, or the need for further investigation of the claim.

These documents play pivotal roles in the administration of workers' compensation claims in Massachusetts. They facilitate communication and agreements between all parties involved, aiming to ensure that injured workers receive adequate benefits while allowing employers and insurers to manage their liabilities effectively. An understanding of how and when to use these forms can significantly impact the resolution of workers' compensation claims.

Similar forms

  • The 101 Massachusetts form, required by the Department of Industrial Accidents, is used by employers to report work-related injuries or fatalities that result in an employee being incapacitated for five or more days. A comparable document is the OSHA Form 300, known as the "Log of Work-Related Injuries and Illnesses." Like Form 101, the OSHA Form 300 is a regulatory requirement meant to track workplace injuries and illnesses. Both forms serve to document the specifics of work-related injuries or illness, including details about the employee affected, the severity of the injury or illness, and where the incident occurred. However, while Form 101 is specific to the Commonwealth of Massachusetts and its workers' compensation system, OSHA Form 300 is a federal requirement across the United States, aiming to ensure workplace safety and health compliance.

  • Another document similar to the 101 Massachusetts form is the First Report of Injury (FROI) form, used in various states across the U.S. Each state has its own version of this form, which serves a similar purpose to the 101 Massachusetts form: to notify the necessary state department and workers' compensation insurance carrier of a work-related injury or fatality. Both documents require information about the employee, the employer, details of the injury or fatality, and the circumstances surrounding the incident. Despite the similarity in function, the specific data fields and format may differ from state to state to accommodate local workers' compensation laws and requirements.

Dos and Don'ts

When completing the Form 101 for the Commonwealth of Massachusetts Department of Industrial Accidents, it's essential to take certain steps to ensure accuracy and compliance. The list below outlines some key actions to follow and avoid during this process.

Do:

  1. Ensure all information is legible, whether printed or typed, to prevent the form from being returned.
  2. File the form within 7 calendar days, excluding Sundays and legal holidays, after being notified of an injury that incapacitates an employee for 5 or more calendar days.
  3. Provide accurate and complete information for each required field, including the employee's name, social security number (voluntary but aids in processing), and details about the injury.
  4. Remember to distribute copies of the completed form to the employee and the employer’s Workers’ Compensation insurer, as required.

Don't:

  • Leave sections blank. If certain information is not applicable or unknown, specify this by writing "N/A" or "Unknown" in the provided space.
  • Submit the form without the preparer's name, title, and signature in the designated boxes (37, 38, & 39). These elements are crucial for validating the form.
  • Include inaccurate or false information, as this can lead to fines or penalties for non-compliance with Massachusetts General Laws Chapter 152, Section 6.
  • Forget to review the instructions and codes on the reverse side of the form. This ensures that the information regarding the nature of the injury, body part affected, and other details are correctly coded.

Misconceptions

Common misconceptions about the 101 Massachusetts form, used for reporting workplace injuries, often stem from a lack of familiarity with its requirements and purposes. Understanding these common errors can improve compliance and the efficiency of workers' compensation processes.

  • Misconception 1: The form serves as an admission of liability. In reality, filing Form 101 does not admit liability on the part of the employer for the injury or fatality reported.

  • Misconception 2: Only injuries resulting in death need to be reported using this form. However, injuries that cause an employee to miss five or more calendar days of work must also be reported.

  • Misconception 3: The employer’s signature is not mandatory. Contrary to this belief, boxes 37 and 39 for the employer’s name and signature must be completed for the form to be processed.

  • Misconception 4: Reporting is necessary even if the employer disputes the injury claim. Some employers think they don't need to file this form if they believe the injury did not occur, or is not covered under workers' compensation, which is incorrect.

  • Misconception 5: The form can be filed at any time after an injury. There is actually a requirement that the form be filed within seven calendar days (excluding Sundays and legal holidays) after the employer learns of an injury that qualifies under the stipulated conditions.

  • Misconception 6: Any version of the form is acceptable. The truth is that the most current version of the form should be used; the revision date is noted at the bottom of the form, ensuring that the information and instructions are up to date.

  • Misconception 7: Personal details such as social security numbers are mandatory. While providing a social security number can aid in processing the report, its disclosure is actually voluntary.

  • Misconception 8: The form does not need to be legible if all required information is provided. In fact, illegible forms will be returned, as clear readability is crucial for processing the information accurately.

  • Misconception 9: Employers are not required to keep a copy of the form. Proper procedure actually requires that copies be provided to the employee and the employer’s workers’ compensation insurer in addition to sending the original to the Department of Industrial Accidents.

Clarifying these misconceptions promotes better understanding and adherence to reporting processes, ensuring that employees receive appropriate support and coverage under workers' compensation laws in Massachusetts.

Key takeaways

Filling out and using the Form 101, known as the Employer's First Report of Injury or Fatality in Massachusetts, is a critical procedure that ensures proper reporting and documentation of workplace injuries or fatalities. Here are seven essential takeaways to consider:

  • Timeliness is crucial: Employers must file this form within seven calendar days, excluding Sundays and legal holidays, after receiving notice of an employee's injury that incapacitates them for five or more calendar days.
  • Accuracy matters: Information provided on the form needs to be accurate and legible. Inaccuracies or unreadable entries can result in the form being returned, delaying the process.
  • Mandatory filing: The requirement to file this form is not contingent upon the employer's belief about the legitimacy of the injury or the employee's entitlement to benefits under M.G.L. Chapter 152.
  • Protecting personal information: Although disclosing the Social Security Number (SSN) of the injured employee is voluntary, it aids in the processing of the report.
  • Compliance with legal requirements: Failure to report injuries using Form 101 can lead to penalties, emphasizing the importance of understanding and adhering to Massachusetts' workers' compensation reporting rules.
  • Submission destinations: The completed form should be directed to the Department of Industrial Accidents, with copies also provided to the injured employee and the employer's workers' compensation insurer.
  • It's not an admission of liability: Filing Form 101 does not constitute an admission of liability on the part of the employer. Rather, it is a necessary step in the administration of workers' compensation claims.

Understanding these key aspects of the Form 101 can help employers navigate the complexities of workers' compensation claims in Massachusetts, ensuring both compliance with legal obligations and the well-being of employees.

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