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.
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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.
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
F
P
5. Home Address (No., Street, City, State & Zip Code):
5a. Native Language Code:
6. Marital Status:
7. No. of Dependents:
L
O
S
Other:________________
Y
8. Date of Hire (mm/dd/yyyy):
9. Date of Birth (mm/dd/yyyy):
10. Average Weekly Wage:
$
Estimated
Actual
11. Employer’s Name:
12. Federal Tax I.D. Number:
13. Employer’s Address (No., Street, City, State & Zip Code):
14. Employer’s Telephone Number:
15. Industry Code (See Reverse Side):
Y16. Workers’ Compensation Insurance Carrier and Tel. No. (NOT LOCAL AGENT/ADMINISTRATOR): 17. W.C. Policy Number:
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?
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):
Y 25. If Employee has Died, Date of Death (mm/dd/yyyy):
26. Source of Injury (Chemicals, Machinery, etc.):
N27. Briefly Describe How Injury/Exposure Occurred and Body Part(s) involved:
28. Person to Whom Injury was Reported (list position):
29. Date Reported (mm/dd/yyyy):
30. Date Reported as work related
A
T
31. Injury Code(s)
Body Part Code(s)
32. Witness(es) to Injury - Give Full Name(s), if none state as such:
a.
to body part
b.
c.
33. Has Employee Returned to Work?
34. Date Employee Returned to Work(mm/dd/yyyy):
35. Employee’s Regular Occupation:
36. Has Employee Returned to Regular Occupation:
P 37. PREPARER’S Name (SEE INSTRUCTIONS ON REVERSE SIDE):
38. PREPARER’S Title:
A 39. PREPARER’S Signature (SEE INSTRUCTIONS ON REVERSE SIDE):
40. Date Prepared (mm/dd/yyyy):
40a. PREPARER’S e-mail address:
*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
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
No Illness
Infective or Parasitic Disease
279 Other Toxic Effects of One System Only
Radiation Effects
150
Infective or Parasitic Disease, UNS*
Respiratory Systems, Conditions of
290
Radiation Effects, UNS*
990
Occupational Disease, NEC**
151
Amebiasis
570
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
295
Welder’s Flash
BODY PART AFFECTED CODES
Head
Skull
398
Upper Extremities, Multiple
513
Knee(s)
Head, UNS*
198
Head Multiple
Trunk, UNS*
515
Lower Leg(s)
Brain
Neck & Cervical Vertebrae
410
Abdomen, Internal Organs,
518
Leg(s), Multiple
Ear(s), UNS*
UPPER EXTREMITIES
Inguinal Hernia
519
Leg(s), NEC**
121
Ear(s), External
Upper Extremities, NEC**
420
Back
Ankle(s)
124
Ear(s), Internal
Arm(s), UNS*
430
Chest, Ribs, Breastbone,
Foot or Feet, Not Ankle
Eye(s), UNS*
311
Upper Arm
Internal Organs
Toe(s)
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
Wrist(s)
LOWER EXTREMITIES
NON-CLASSIFIABLE - Insufficient infor-
149
Face, NEC**
Hand(s), Not Wrists or Fingers
Lower Extremities
mation to identify part of body effected. In-
Scalp
340
Finger(s)
Leg(s), UNS*
cludes damage to prosthetic devises.
*UNS - UNSPECIFIED
**NEC - NOT ELSEWHERE CLASSIFIED
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.
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.
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.
Four common mistakes made when filling out the FORM 101 for the Massachusetts Department of Industrial Accidents include:
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.
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.
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.
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.
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.
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.
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.
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:
Don't:
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.
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:
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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