Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace. Partners Russell Lewis, Scott Elliott and Harrison Reback led a session on “Strategies for Handling a Serious Workplace Accident with Injuries.”

Key Takeaways 

Major incidents – especially those that involve employee or contractor injuries/fatalities – raise a host of legal issues. The decisions made in the immediate aftermath of an incident can have impacts across agency enforcement and civil litigation. This presentation touches on the hallmarks of an integrated response and focuses on the importance of timely reporting to agencies, insurer notifications, evidence preservation, and related internal investigations. Quick takeaways include:  

1. Reporting – Major incidents involve varied reporting requirements across agencies. Companies should have clear reporting guidelines in place before an incident to ensure consistency and timely reports to OSHA, CSB, and other responding agencies.  
    
2. Insurance – Notification to carriers is a key early step to preserve coverage. Companies should send this notice to the broadest array of carriers as soon as reasonably possible.  
    
3. Evidence Preservation - Early action is necessary as soon as you have a reasonable anticipation of litigation. Preservation obligations extend beyond physical evidence and include documents, videos, and other materials. Companies should have systems in place for legal holds, employee communication, and other preservation processes to improve positioning in civil litigation and support operational restart.  
    
4. Investigations – A company’s internal investigation raises sensitive legal issues (whether required by regulation or company policy) and needs early coordination with counsel. Extra sensitivity applies for whistleblower investigations, which bring their own unique considerations.