Liability and Incident Reporting

Read These Instructions Before Completing any Forms!

Anytime there is a contact with the public concerning an accident or incident:

1. Immediately report the incident to your supervisor
2. Supervisors should notify Enterprise Risk Management of the incident either by phone or email. Do not send any documentation until instructed to do so by Enterprise Risk Management.
3. Complete the following forms below ONLY when directed to do so by Enterprise Risk Management (forms will be sent out when Legal Counsel approves the investigation).  The OU employee reporting the incident - NOT the injured visitor - must fill out the following forms:   a. Standard Liability Incident Report (SLIR) b. Scope of Employment (SOE)
4. Interoffice the originals (Enterprise Risk Management, Rm 112 NEL Bldg.) or scan/email to norman-riskmanagement@ou.edu.
5. If an employee is involved in an at-fault accident they are required to take an online defensive driving course within 6 months of the date of accident. If they fail to do so, the employee will be declared uninsurable and not able to drive any State vehicles.
6. Once a claim is filed, all correspondence is between State Risk Management and the employee/claimant.
7. If the employee or their supervisor is contacted by another party’s insurance company, that company should be referred to Enterprise Risk Management for further handling.  No statements of any kind should be made to an outside party regarding the details of the accident.  Please contact Tacara S. McKinney-Baisden (tmb@ou.edu or 405-325-5433) with any questions.

When you send a Standard Liability Incident Report, regardless of the type of incident, the form must be filled out by the OU employee (not the Claimant), with the following information provided:

Claimant - The person who sustains the injury is the Claimant. You should provide as much information as possible about the person, including their name, address, telephone number and extent of injuries, if any. If a vehicle was involved, please list the year, make, model, and describe any damage.

OU Employee - Please provide the requested information on the Standard Liability Incident Report. Additionally, you should complete the Scope of Employment Form. If a state employee is directly involved in an incident or accident, have it signed by the employee's direct supervisor. If not directly involved, please list the name and telephone number of an employee who has knowledge of the incident and may be contacted if questions arise.

Description of Incident - What happened to the Claimant?

Personal Injury - For slips-and-falls, find out how the claimant was dressed. What were they carrying and how much (arms full, could not see where stepping, etc.)? Where was the claimant injured (i.e., left leg, right knee, lower back, etc.)?

Vehicle Damage - Describe the area of damage (i.e., left front fender, passenger side taillight, right door, etc.) Describe the condition of the vehicle, noting any possible pre-existing damage. Get pictures if possible.

When : Time, day, and date of incident.

Where : Exact location of the incident. Pictures of the site are very beneficial.

Why : Was there something that caused the incident? If so, what exactly was it? Was something broken? If so, what exactly was it? Something wrong with walks, stairs, roadway, etc.? If so, what and who put it there? Was someone at OU aware of it? Was it something we did, did not do, something we should have done? Were safety procedures being followed? If we were aware of it, what were we doing about it? Did we respond in a timely and reasonable manner? What were the weather conditions, if applicable? Please use the Standard Liability Incident Report. Since it is impossible to design one form that will cover all potential incidents, any additional information can be put on another sheet using the outline above. The Incident Report should be filled out and a statement taken from all employees and witnesses involved immediately when the incident is reported.

Be sure to check the "Claim Form Requested" either yes or no. State Risk Management does not solicit for claims so if neither box is checked, a claim form will not be sent to the Claimant. Do not, under any circumstances, take documents, estimates, etc. from the Claimant! This causes the claimant to believe that they have already filed a claim and only creates confusion for the Claimant.

When an incident is reported to you or your staff, instruct them to give only the address and telephone number of State Risk Management to the Claimant.

There should not be any statement made by anyone to the Claimant, or anyone else, as to guilt or negligence on anyone's part. This will keep you out of the middle of any confrontation that might develop. When any state employee is assisting the Claimant during an incident, do not suggest, recommend, or insist that the Claimant go to a doctor, call an ambulance, or suggest that the state will pay for it. If the Claimant asks for an ambulance on their own, or is unconscious or disoriented, then accommodate them.

Most of the time, injuries to a state employee would not constitute a tort claim, but would, most likely, be a worker's compensation claim. Original Incident Reports, Scope of Employment, witness statements, pictures, etc. should be sent to the Enterprise Risk Management, 112 NEL Building. Please call 325-5433 and/or email norman-riskmanagement@ou.edu if you have any questions.