Accidents are bound to happen, and when they do, knowing how to efficiently file a claim can make the process smoother. By following the guidelines below for general liability, auto, and workers’ compensation claims, you can minimize stress, protect your business, and ensure a fair resolution for all parties involved.
General Liability/Premises Liability Accident
When an accident occurs on your premises, handling the situation with care and efficiency is crucial. Start by offering assistance to the injured party while avoiding actions that could be perceived as an admission of guilt. Document key details such as the injured person’s contact information, date, time, location, and circumstances of the accident. If possible, take photos of the area but avoid capturing people in the images. Secure any equipment or items involved in the incident for further investigation by the insurance adjuster.
Once all necessary information is gathered, report the incident to your general liability insurance carrier as soon as possible. Keep a detailed internal record, including the claim number, adjuster’s name, and contact details, and retain this documentation for at least five years. If contacted by the claimant or other outside parties, provide only the claim number and adjuster’s contact information. Do not discuss details, admit fault, or agree to any settlements. If the accident resulted from a third party’s responsibility, such as a vendor or contractor, include relevant contract details to include in the claim. In the event of legal action, promptly inform your adjuster and seek legal counsel as necessary. Keep in mind that claimants may have anywhere from one to five years to pursue a lawsuit depending on jurisdiction, so maintaining organized records is essential.
Auto Liability Accident
If involved in an auto accident, the first step is to remain calm and, if possible, move the vehicle(s) to a safe location. Most city ordinances require vehicles to be cleared from the roadway when feasible. If necessary, call 911 for emergency assistance. Check on the well-being of the other party without admitting fault and avoid discussing or disputing what happened. Instead, focus on documenting key details such as driver’s license and insurance information, vehicle identification numbers, and contact information for all parties involved, including passengers and witnesses.
Take photographs of all vehicles involved and the accident scene, capturing details such as road conditions, weather, and traffic signals. If the other party becomes aggressive or uncooperative, call the police to handle the situation. As soon as possible, report the incident to your auto insurance carrier. If both parties are cooperative, calling in the claim together may help expedite the process. Avoid making any commitments or accepting liability and let your insurance provider handle all further communication.
Workers’ Compensation/Employee Accident
Employers should designate a point of contact for handling workers’ compensation claims. This person will coordinate communication between the injured employee, medical professionals, the insurance carrier, and any government agencies involved. In the event of an injury, ensure the employee receives immediate medical attention, regardless of fault. If medical attention is sought independently, begin documenting the incident by gathering information such as witness statements, location details, and the circumstances surrounding the injury. Secure any equipment involved for further investigation.
File a workers’ compensation claim with your insurer within 24 hours, even if all details are not yet available. Maintain open communication with the adjuster and provide all necessary information to ensure compliance with legal deadlines. Document the claim number and adjuster’s contact information and share it with the injured employee or their representative. Continue to communicate regularly with all parties involved until the case is resolved.
Additionally, follow all federal and state reporting requirements. Employers with 10 or more employees must maintain OSHA records for serious work-related injuries for at least five years. Fatalities must be reported to OSHA within eight hours, while amputations, eye loss, or hospitalizations must be reported within 24 hours. Reports can be filed online at www.osha.gov or by calling the OSHA hotline at (800) 321-6742.
Once the case is closed, review the accident to determine if any policy violations or safety improvements are necessary. If an employee’s actions contributed to the accident, corrective measures should be taken promptly and documented properly. If a new hazard is identified, consider working with an insurance carrier’s engineer to implement preventive measures.