By Shaddi Kamiabipour, Esq.
During my time as a prosecutor, a common concern among employers was how to safeguard against employees committing fraud, particularly those who feigned injuries to exploit workers’ compensation benefits. Now that I’ve transitioned to the private sector, I still encounter this question frequently. One critical insight I’ve gained is that there’s no way to entirely prevent someone from filing a claim, nor should you want to, if the injury is genuine. The real challenge
lies in differentiating between those who are legitimately hurt and those who are trying to deceive.
Establishing clear protocols for documenting and gathering evidence right when an injury is reported is essential. You may be surprised to discover that when a crime is reported, the first responding police officer plays a pivotal role in solving the case. If they fail to secure the evidence, interview witnesses, and ascertain the facts, it can (and often does) hinder the subsequent investigation by the assigned detectives.
I’ve observed that many employers tend to overlook injuries until an employee formally complains, which is an ineffective approach. If an injury is minor, the best course of action is to engage with the employee promptly, collect the necessary details, and document the incident thoroughly. This proactive engagement can help protect your interests if an employee later exaggerates their claims.
My advice is to prioritize communication as soon as you learn about a potential injury at your workplace. Make it a point to express concern for the employee’s well-being, provide them with relevant information, and gather as many facts as possible about the incident. This not only fosters a positive workplace culture but also encourages employees to value and protect the business that cares for them.
When employers neglect their employees’ welfare, it opens the door for unscrupulous practices, including those from dishonest medical providers and attorneys (more on this topic at another time). In summary, respond to injured workers with empathy, and diligently document every detail surrounding the incident. This approach will serve you well in the future.
Steps to take to gather Evidence effectively and efficiently:
- Start by having a conversation with the injured worker to understand the details of the incident. Encourage them to document their account by either writing it down or recording a statement using your phone or their own, and request a copy of the audio file for your records.
- Take clear photographs of the injury to have a visual record.
- Inquire if there were any witnesses to the event and gather their contact information. Conduct interviews with these witnesses to capture their observations accurately. Ask them to write down their observations or send you an audio recording of what happened if they prefer.
- If your business is equipped with surveillance cameras, make sure to preserve any relevant footage that may exist.
This comprehensive approach will help ensure that you have all necessary evidence at your disposal, if it becomes necessary.
Based on my observations, when employers fail to invest just an hour to implement the strategies I’ve detailed in this article, they often find themselves facing costly consequences—sometimes upwards of $50,000 or more—once an injured employee submits a workers’ compensation claim. This can leave them feeling overwhelmed and at the mercy of their staff. Is dedicating one hour really too much to save yourself from such a hefty price tag?
