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CHECKLIST

HANDLING WORKERS COMPENSATION CLAIMS



The initial period is critical in handling workers compensation claims. So you must be sure to:


Immediately

Administer first aid
Accompany injured worker to a selected medical provider
Report incident within company
Notify family
Assign responsible person to follow claim


First day

Report to claim handler outside company (insurance company or third-party administrator)
Determine, on a preliminary basis, whether the injury is covered by workers compensation
Counsel employee and/or family on claims procedures, available benefits, companys continuing interest in employees welfare, etc.
Follow up with the employee or family


First week

Coordinate payment of initial benefits
Talk to treating physician to learn diagnosis and treatment plan
Evaluate whether medical rehabilitation is necessary or appropriate
Develop return-to-work plan
Contact the injured employee and/or the family and forward mail


First month

Use a wellness approach (cards, phone calls, visits) to continue to reinforce companys concern
Consider medical examination by independent physician, if warranted
Reevaluate treatment plan based on new medical information
Update return-to-work plan and contact the injured employee and/or the family


Ongoing

Continually reevaluate treatment plan
Refer for pain management evaluation of chronic pain, if appropriate
Maintain contact with the injured employee and/or the family
CHECKLIST

FOR COLLECTING INFORMATION FOR A CLAIM



Whether its the businesses owner, or someone assigned by the business owner to keep track of the claim, heres some advice for the types of information the person overseeing the claim should be gathering:


About the employee

Name, nicknames, maiden name, previous names
Addresscurrent and previous (length of time living at both addresses)
Phone number, pager number, cellular number
Social security and drivers license numbers
Sex
Date of birth
Marital status
Dependents and immediate family contact
Non-relative contact
Date of hire (state hired, if applicable)
Job classification, if applicable (insurance class or company classification)
Vehicle (type, year, license number)
Interestshobbies
Length of time as a state resident


About the injury

Time and date of injury
Date of death (if applicable)
State of injury
Nature of injury (sprain, fracture, etc.)
Body part(s) affected; any previous injury to the affected body part(s)
Source of injury (machines, hand tools, buildings, etc.)
Type of injury (fall, struck by object or vehicle, overexertion, repetitive motion trauma)
Witnesses
Work process involved (lifting, carrying, etc.)
To whom was the injury reported
Who filled out the first report of injury report
Plant or location
Job
Time and date the injury was reported
Shift, if applicable

About the claim

Date employer first notified
Who was notified, by whom?
Date employer was notified of workers compensation claim
Date insurance company or service company notified
Date state agency notified
State case number
Average weekly wage
Benefit rate
Health care providers and costs
Other benefits lost (Did the employer stop paying vacation, health benefits, etc.?)
Other benefits received
Date disability started
Date of first payment
Projected return-to-work date
Date case closed
Date of maximum medical improvement
Impairment rating
Lost days
Total benefits paid
Vocational rehabilitation activity
Subrogation (Is some third party responsible?)
Second injury fund potential


Oral statement from injured worker

Conduct the interview in a non-adversarial setting
Demonstrate concern and empathy
Allow the worker to talk
Do not rush the worker
Reenact the accident
Check for photos and/or video of the accident


Written statement from injured worker

Note the location where the statement is taken
Let the employee write the statement, if possible
Statement is taken ASAP after the injury
Describe the worker pre-injury and post injury actions
Request that the worker and any witnesses sign the statement
Make sure the employee initials any changes
Give copy of statement to employee
list the date and time of the statement
Oral statement from witness(es)

Note witness location at the time of injury
Record witness relationship to the injured worker
Interview witnesses individually
Do not rush the witness
Make sure the statement is unrehearsed


Written statement from witness(es)

Make sure the witness writes the statement in ink
Record the stated ASAP after the injury
Make sure the witness records his/her actions before, during and after the time of injury
Request that the witness sign the statement and initial any changes
Record the date and time of the statement
Give a copy of the statement to the witness


If litigation occurs

Defense attorney, law firm
Claimant attorney, law firm
Identify judge
Costs of litigation (spending more than paying?)
History of dispute
Settlement
WARNING SIGNALS OF WORKERS COMPENSATION FRAUD


You may not discriminate against a worker who has filed previous workers compensation claims.  However, when you have several of the following suspect behaviors present or you observe an emerging pattern, dont be afraid to investigate further for possible fraud or to forward your suspicions to the appropriate authority.


About the worker

The injured worker has an unstable work history; i.e., an employee who often changes jobs
The claimant has a history of reporting subjective injuries which may include workers compensation or liability claims
The claimant is consistently uncooperative
The injured worker has been recently terminated, demoted, or passed over for a promotion
The injured worker is in line for early retirement
The injured worker is making excessive demands
The injured worker calls soon after the injury and presses for a quick settlement of the case
The injured worker moves out of state soon after the injury
The injured worker changes his address to a post office box or receives mail via friend or relative


About the workplace

The injured workers workplace is experiencing labor difficulties
The accident occurs just prior to job termination, layoff, after formal discipline of the employee, or near the end of the employees probationary period


About the injury

The injured worker was not injured in the presence of witnesses
The injury is a subjective one, like stress, emotional trauma, or is hard to prove, like back pain, headache, insomnia, etc.
The accident is not promptly reported by the employee to the employer
The employers first notice of the injury is from an attorney or a medical clinic, and not from the injured worker
Physicians who have examined the injured worker have vastly differing opinions regarding the injured workers disability
There is no sound medical basis for the disability; all physicians reports indicate a full recovery
The injured worker is claiming disability exceeding that which is normally consistent with such an injury
The accident occurs late Friday afternoon or shortly after the employee reported on Monday
The claimant has the accident at an odd time, such as at lunch hour
The accident occurs in an area where the injured employee would not normally be
The task that caused the accident is not the type that the employee should be involved in; i.e., an office worker who is lifting heavy objects on a loading dock
The details of the accident are vague or contradictory
About the medical relationship

The claimant frequently changes physicians or medical providers
The claimant changes physicians when a release for work has been issued
A review of medical reports provides information that is inconsistent with the appearance or behavior of an injured person; i.e., a rehabilitation report describes the claimant as being muscular, with callused hands and grease under the fingernails
The employers first report of injury contrasts with the description of the accident set forth in the medical history
The injured worker develops a pattern of missing physicians appointments


About the claim itself or the claimants attorney

The injured workers attorney requests that all checks and correspondence be sent to the attorneys office
The claimants attorney is known for handling suspicious claims
The attorney lien or representation letter is dated the day of the reported accident
The same doctor/lawyer combination previously known to handle the same kind of injury is handling this claim
The claimant is unusually familiar with workers compensation claims procedures and laws
The claimant initially wants to settle with the insurer but later retains an attorney and files increasingly subjective complaints
The claimants attorney threatens further legal action unless a quick settlement is made
There is a high number of applications from a specific firm
The claimants attorney inquires about a settlement or buyout early in the life of the claim
The claimant writes unsolicited statements about how much better he/she is, but treatment continues and the claimant doesnt return to work


About outside activities

There are tips from fellow employees, friends, or relatives suggesting that the injured worker is either working or is active in sports
The injured workers rehabilitation report shows evidence of other activity
The injured worker is in a trade that would make it possible to otherwise work while collecting compensation
The injured worker is exaggerating an injury in order to get time off to work on personal interests; i.e., the injured worker is remodeling or building a home concurrently with the injury 
The injured worker is in a seasonal business that would make it attractive to be injured during the off-season; i.e., occupations in fields such as roofing, landscaping, plumbing, farming, masonry, etc.
The injured worker leaves different daytime and evening telephone numbers
The injured worker is never home when called or is always sleeping and cant be disturbed (especially during work hours)
Return calls to the claimants residence have strange or unexpected background noises that indicate it may not be a residence
The claimant has several other family members also receiving workers compensation benefits or other social insurance benefits, such as unemployment

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