You should take the following steps at the outset of a new claim:

  1. An Industrial Commission Form 19: Employer’s Report of Employee’s Injury or Occupational Disease is required by law to be filled out by the Employer within 5 days of actual knowledge of the alleged accident if the injury causes absence from work for more than one day, or the medical compensation exceeds $4,000.00.  In cases where a Form 19 is required it must be filed via EDFP, with a contemporaneous copy provided to the Plaintiff.
  2. Ensure that a blank Industrial Commission Form 18:  Notice of Accident to Employer and Claim of Employee, Representative, or Dependent has been provided to Plaintiff.
  3. Obtain the following documentation from the employer:
    • An Incident Report.
    • Plaintiff’s written statement.
    • Witness statements.
    • Any video footage of the alleged incident.
    • Plaintiff’s wage information.
    • Plaintiff’s personnel file.
  4. Determine what type of injury Plaintiff has alleged occurred.  There are different standards for alleged injuries to the back, alleged injuries to body parts other than the back, and alleged occupational diseases.  The investigation and ultimate compensability may depend on what type of injury has been alleged.
  5. Obtain Plaintiff’s medical records.
  6. Take Plaintiff’s recorded statement.
  7. Check Plaintiff’s social media to see if he/she has posted anything about the alleged incident, or anything that may cause you to question the alleged incident.
  8. File a Responsive Pleading (either a Form 60, Form 61, Form 63-Section 1, or Form 63-Section 2) with the Industrial Commission within 30 days of notice form the Commission of the filing of a claim.

If you have any questions about whether a new claim should be considered compensable, please feel free to contact me at clhicks@cshlaw.com.

The information herein is not legal advice. The information is in the form of legal education and is intended to provide general information about the matter discussed.  The above is not, nor is it intended to be, legal advice and does not create an attorney/client relationship.