Workers Compensation

Basics Advanced Investigation Maritime LHWCA    

 Special Case - Injury Checklist

  BACK INJURY CASES.
Was there a triggering accident? If yes, exactly what was claimant doing at time of accident.
Did the claimant slip, stumble, trip, or fall?
Was the claimant lifting a heavy object? If yes, obtain weight and description of the article, method of lifting, and in what position was the claimant.
Did pain occur while in stooped position or during a steady pull?
Determine the exact location of the pain and when it was first noticed?
Obtain hospital records.
Compile a history through medical records from physicians, chiropractors, physical therapists and hospitals.
Search for previous workers compensation or third-party liability claims.
Interview attending physician on question of causal relationship.
Do neighborhood activity checks.
Check with fellow employees regarding previous back complaints.
 
  ASSAULT CASES
Determine who was the aggressor.
Was the act obviously intentional?
Did it grow out of a personal matter?
What provoked the assault?
Is there evidence of prior ill feelings between the parties.
Was employer aware of the aggressor's tendencies toward physical violence?
 
  CARDIAC CASES
Claimant's duties when stricken. Was claimant performing his or her usual work?
Was claimant doing anything unusual? Any unusual exertion? The nature and extent and intensity of the exertions preceding any alleged trauma or employment incidents. Does nature of work place claimant under a great deal of stress?
The time element involved between the lift or strain and the cardiac event. The continuity of the bridging symptoms immediately following.
Check medical reports for opinion of causal relationship.
Check records for pre-existing conditions?
Carefully check: work duties, physical and emotional demands, employment record, pre-employment physical examinations, records of previous employers, fellow employees for complaints, and lost-time records.
Check primary care physician and other medical providers for cardiac history, accident history and causal relationship opinions.
Check neighbors for history.
Check previous workers compensation claim filings.
Check leisure activities-- social and athletic.
 
  HORSEPLAY CASES
Determine whether claimant was the instigator.
Did involve parties frequently resort to horseplay?
Was employer aware of this and did employer condone such practices?
Had employer previously discharged employees for this violation.
 
  HERNIA CASES
If claimant lifting a heavy compile a description of the object, the method of lifting, and the position of the claimant.
When was pain in side or groin first noticed? Describe the pain. Was it immediately after the accident.
When was a lump or knot in side of the groin first noticed?.
Did claimant ever fall or trip and notice pain in either side or groin? Was the claimant ever struck or punched in either the side or groin.
Is claimant constipated or have trouble with bowels? Is severe cold causing sneezing or coughing?
Check for witnesses and the person first notified of the accident?
When did lost time begin?
Obtain the records of the treating physician and hospital.
 
  OCCUPATIONAL DISEASE
Claimant's duties; nature of material handled; how; in what quantity; how many hours per day?
Length of exposure. If exposure indirect, describe what, why, when, and how.
What control was exercised over product or material?
Describe size of room or area; ventilating system; dust and noise control; violations of building, safety, or health codes.
Check for violations of instructions; failure to use safety devices; respirators and masks, gloves, goggles.
Check past medical history, previous employers, previous claims, pre-employment medical, family doctor records, smoking habits.
When was the manifestation of the disease?
When and to whom were the symptoms first reported?
When did claimant become disabled from work?
Determine if a chemical or dust analysis is necessary. If such analyses were previously made, obtain copies of reports.
Identify all products used on the job. Identify manufacturer, exact name of the product, and provide a description of the product. Obtain any literature and label information , including instructions for use, warnings and product content.
 
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