Making Use of Your Recorded Statement

The use of recorded statements is an effective and cost-efficient discovery tool for members of the claim management team. Before you take a recorded statement of an injured worker, a member of the claim management team needs to understand the legal implications. As with most things in workers’ compensation cases, it is important to understand how the law in one jurisdiction varies from another. Failing to understand this issue can impact the admissibility of the recorded statement later on in the case.

Important Questions to Ask

A recorded statement can be the basis for ongoing discovery and witness identification efforts.

• Claimant Background Information
  • General background information (DOB, height/weight, etc.)
  • Education History
  • Work and vocational history (including wages, job duties, work-related injuries, and reasons for departure)
  • Military service
  • Smoking history
  • Prior litigation experience
  • Criminal convictions
  • Driver’s license status
  • Medicare and Social Security status/applications

• Prior Medical History
  • Locations of regular medical treatment, including care in the past
  • Surgical history
  • Diagnosis and treatment of chronic or ongoing conditions
  • Physical therapy and chiropractic care
  • Emergency room visits
  • Motor vehicle accidents and other personal injuries
  • Chemical/substance abuse treatment
  • Mental health
  • Marital status and children, including information on children/dependents with special needs

• Potential Interveners
  • SSDI, SSI benefits, and Medicare/Medicaid
  • Pensions and 401K
  • Public assistance
  • Veterans benefits
  • Unemployment compensation and history
  • Out-of-pocket medical expenses
  • Medical Mileage
  • Child Support obligations

• Work with the employer on the Date of Injury
  • Supervisor/manager
  • Co-workers and worksite personnel
  • Description of work duties (physical aspects; required lifting; motions and movements required with employment)
  • Hours worked, including overtime
  • Wage history
  • Absences from work/disability
  • Previous workers’ compensation injuries
  • Verbal or written reprimands

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• Injury related information
  • Description of injury
  • Emergency personnel and first-responders
  • Immediate injury symptomology
  • Post-injury symptoms
  • Aggravations with various activities: Sitting – how long; Standing – how long; Walking – how long; Lifting – how much; Twisting; Bending; Driving – how long
  • Present medical care and treatment, along with the understanding of future care

• Miscellaneous information
  • Hobbies and recreational activities
  • Musical instruments
  • Leisure activities such as reading
  • Activities of daily living and around the house

Other Considerations

Knowing and understanding all applicable rules and statutes related to recorded statements is important. In most instances, the statements must be accurately transcribed and sent to the claimant for their review and signature within a specified timeframe. Failure to do so may impact the ability of counsel to use that recorded statement as evidence or impeach the testimony of the person giving the statement.

Michael Stack, CEO of Amaxx LLC, is an expert in workers’ compensation cost containment systems and provides education, training, and consulting to help employers reduce their workers’ compensation costs by 20% to 50%. He is co-author of the #1 selling comprehensive training guide “Your Ultimate Guide to Mastering Workers’ Comp Costs: Reduce Costs 20% to 50%.” Stack is the creator of Injury Management Results (IMR) software and founder of Amaxx Workers’ Comp Training Center. WC Mastery Training teaching injury management best practices such as return to work, communication, claims best practices, medical management, and working with vendors. IMR software simplifies the implementation of these best practices for employers and ties results to a Critical Metrics Dashboard.

Contact: [email protected].

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.