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

  1. Ensure that an Industrial Commission Form 19: Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission has been completed and provided to 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.