Institute of WorkComp Professionals

Claims Tip Missed Steps Cost Employer Over 50000 By Teresa Long

Claims Tip Missed Steps Cost Employer Over 50000 By Teresa Long

2 months, 11 days ago

How a Flawed Injury Investigation Can Cost You $50,000

A workers’ compensation claim for a minor back injury ended up costing an employer nearly $80,000. The problem? The injury very likely did not happen at work.

A series of missteps during the initial investigation allowed a questionable claim to proceed, resulting in over $50,000 in benefits that should never have been paid. Here is where the process broke down and the two critical lessons you can apply to your own business.

The Breakdown: A Costly Case Study

An employee arrived at work limping. Later that week, he reported a back injury from lifting a pan weighing less than four pounds.

The employer was immediately suspicious. The investigation that followed, however, made a critical error: it was limited only to supervisors. The managers provided rumors and second-hand information about the employee’s physically demanding side business, but nothing concrete enough for an insurance adjuster to deny the claim.

The claim was approved.

Almost a year later, the truth emerged by accident. A co-worker—who was never interviewed—mentioned that he saw the employee arrive at work that day already limping and complaining of a back injury from his other job. This was the direct, first-hand evidence needed to challenge the claim, but it was discovered far too late.

Two Lessons to Protect Your Business

This costly outcome was entirely preventable. Hindsight provides two clear, actionable lessons for any employer.

1. Conduct a Thorough Investigation, Not a Superficial One

The single biggest mistake was interviewing only supervisors. Your investigation must go deeper.

  • Interview Everyone: Talk to the co-workers who were present before, during, and after the alleged incident. They are your eyes and ears on the floor and often have first-hand knowledge that managers do not.
  • Don’t Rely on Rumors: Second-hand information is not evidence. A successful investigation relies on documented, first-hand accounts. In this case, the one person with direct knowledge was never asked.

This company’s narrow focus cost them dearly. The key witness was a co-worker, not a manager.

2. Ask About Off-Duty Incidents Immediately

When an employee reports an injury, you must proactively ask about potential contributing factors. Waiting to discover a pre-existing condition puts you on the defensive.

Integrate a simple, direct question into your standard incident reporting process:

“Before this incident, were you experiencing any pain or have you had any recent injuries outside of work that could be related to what you’re feeling now?”

  • Put It in Writing: This question should be a required field on your official incident report form. The employee’s written answer becomes part of the permanent record.
  • Reinforce Your Policy: Strategically place this question near your company’s anti-fraud statement. This simple positioning encourages honesty and makes it clear that you take claim reporting seriously.

If you don’t ask, you won’t know until it’s too late. A disciplined process is your best defense against paying for injuries that never happened at work.