The First Five Minutes of a Workers’ Comp Intake Call: A Checklist for Small Practices 

A practical list of what a small workers' compensation practice should capture early in an intake call, and how to write it down so the file is usable the next morning. 

By John Hadden 

The first five minutes of a workers' compensation intake call decide what the file looks like for weeks. If the intake person captures the right facts, the attorney can judge the claim quickly. If they miss them, someone has to call the worker back, and some workers never pick up. 

Small comp practices feel this most. The person answering the phone is often also scheduling and chasing records. A short, fixed checklist keeps calls consistent and makes the file readable by someone who was not on the call. 

This article lays out what that checklist should cover. It is written for firms, not for injured workers, and it is not legal advice. Notice periods, filing deadlines, medical provider rules, and benefit rules differ from state to state. Every firm should build its checklist around its own state's statute and the forms and guidance published by its state workers' compensation board or commission. 

Why do the first five minutes matter so much? 

The early part of the call is when the worker is most willing to talk and most likely to remember details. It is also when the firm learns whether there is a time problem. In many states, the timing of notice to the employer and the timing of a claim filing can affect the case. An intake person who spots a timing issue in the first few minutes can flag it for an attorney the same day. 

What should the intake checklist capture? 

The order matters less than making sure no item is skipped. 

1.  Who is calling and how to reach them? Full name, best phone number, a second number, email, and the best time to call back. Confirm the spelling and read the number back. Note the preferred language. 

2.  Is the caller the injured worker? If a spouse or relative is calling, record that, and record whether the worker is able to speak. 

3.  What happened, in the worker's own words? One or two sentences, written as the worker said them. Date of injury, time, location, and what the worker was doing. For conditions that developed over time, such as repetitive strain or an occupational illness, note when the worker first noticed symptoms and when a doctor first connected them to work. 

4.  Which body parts are affected? List every body part the worker mentions, not just the main one. Missing a body part at intake can create problems later. 

5.  Who is the employer? Legal name if the worker knows it, the worksite address, the worker's job title, and how long they have worked there. Ask whether they were paid as an employee or as a contractor, and whether a staffing agency was involved. Both questions can change who is responsible for the claim. 

6.  Was the employer told, and when? Ask who the worker told, how (in person, text, email, a written form), and on what date. Ask whether an accident report was filled out and whether the worker has a copy. Notice deadlines vary by state, so the date matters more than anything else on this line. 

7.  Has a claim been filed? Ask whether the worker has received anything from an insurance company, a claim number, or letters from the state agency. If there is a claim number, write it down exactly. 

8.  What medical treatment has the worker had? Emergency room, urgent care, company clinic,c or personal doctor, with names and dates. Ask whether the employer or insurer directed them to a specific provider. States differ on who chooses the treating doctor, so record what happened and let the attorney apply the rule. 

9.  Is the worker out of work or on restrictions? Ask whether they are off work, on light duty, or working full duty, and whether they are receiving any wage replacement checks. Note the last day worked. 

10.  Any prior claims or injuries to the same body part? Ask about earlier comp claims, earlier injuries, and any related personal injury or disability claim. This is not a screening test. It is information the attorney will need. 

11.  Does the worker already have a lawyer? Ask directly whether they have hired or signed anything with another attorney for this injury. If they have, note it and follow your firm's policy. Do not go further into the merits. 

12.  Has anything been signed or settled? Ask whether the worker has signed a settlement, a release, or a recorded statement. Note the date and what they think it was. 

How should intake staff document the call? 

A good checklist fails if the notes are hard to read. A few habits make the difference. 

Use the worker's words for the injury description, and put your own observations on a separate line. "Worker says he fell from a ladder at the warehouse" is better than "ladder fall, warehouse." The attorney needs to know what was said, not what was assumed. 

Write dates as dates. "Two weeks ago" becomes a real date while the worker is still on the line. If the worker is unsure, write "approximately" and the best estimate. 

Mark unknowns as unknown. A blank field looks like a skipped question. "Worker does not know" tells the next reader the question was asked. 

Flag timing at the top of the note. If the injury date, the notice date, or a letter from the insurer suggests a deadline may be close, put that in the first line where the attorney will see it first. 

What should intake staff avoid saying? 

Intake is not the place for advice. Staff should not tell a worker whether they have a case, what the claim is worth, or what a deadline is in their situation. Those are attorney decisions. A simple line works: "I am going to get these details to an attorney, and someone will call you back by [time]." Then keep that promise. 

Staff should also avoid promising outcomes or timelines for benefits. Every firm should check its state bar's rules on communications with prospective clients and make sure intake scripts fit them. 

How can a small practice put this into use? 

Start with one page. Put the checklist into your intake software or a shared form so every call follows it. Review a few recent intake notes each week with the attorney and ask one question: could you make a decision from this note alone? Where the answer is no, add or reword a line. 

Keep a link to your state board's website on the form, along with its current notice and filing guidance, and update the checklist when the rules change. The checklist is only as good as the state rules behind it. 

A worker calling after an injury is often in pain and worried about money. A calm, organized first five minutes helps that worker and gives the attorney what they need. 

John Hadden is CEO of Grow My Firm Online, which provides exclusive live-transfer calls and web leads to personal injury, Social Security disability, motor vehicle accident, and workers' compensation law firms. He has a commercial interest in legal lead generation. 

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