Workers Comp Form 101s

Part of owning a business is understanding everything there is to know about Massachusetts workers compensation. Since you’re the owner, almost everything falls upon you when a situation arises that may lead to a workers comp claim being filed. Whether you are the one in charge of filing claims or it’s a supervisor or manager, there should be multiple people in your company who know that filing an “employer’s first report” form is the first thing to do following an employee injury.

Technically called “Form 101: employer’s first report or injury fatality,” this document ensures that an injury that occurred on your premises is legally documented to show that you, as the business owner, are aware that the injury happened. Here are some general guidelines concerning this important form:

• If an employee is injured or alleges an injury, the form must be completed and filed within seven calendar days of the fifth day of disability, not counting Sundays or holidays. In other words, if an employee claims an injury on Monday, November 12, the form would have to be filed by Monday, November 26, because of Thanksgiving.

• The original form should be sent to the Department of Industrial Accidents (DIA). Additionally, employers should make three copies of the form: One for the employee, one for the insurance company and one for your company records.

• If you fail to file the form in an accurate and timely manner, you may set yourself up to receive a violation notice from the DIA. A violation can be caused by an array of reasons, most common being that the report is filed late, the employer only files with their insurance agency and not the DIA as well, or the form is rejected and the employer does not re-file it. In some cases, the DIA may make an error and accidentally send a violation.

• Form 101s can be filed either electronically or mailed to the DIA.

A Form 101 must be filed even if you are suspicious about the employee’s injury claim and whether or not you agree with it. There is time for that afterwards, but the point of this form is to document the claim when it happens. If you have any more questions about Form 101s or your workers compensation in Massachusetts, contact us today for more information.