Putting Out A Workers Compensation “Fire” Before It Burns Down Your Staffing Company

by David Schek | Sep 2, 2014 | Tips, Workers Comp, Workers' Compensation Insurance

Very often, staffing company owners  are so busy putting out daily staffing fires, that they do not have time to thoroughly investigate workers compensation claims. Unfortunately these claims, that start out as smoldering tinders-  when not managed properly, can turn in to a financial firestorm for the company down the road.

As Ben Franklin would say: An ounce of prevention is worth a pound of cure. The time it takes investigating all work comp accidents, can pay huge dividends for the staffing company.

Below is a great article  about how to best investigate  and manage work comp accidents  so that “small fires” do not grow into huge financial disasters  for your company.   The author  is Author Michael B. Stack, CPA, who is a Principal, Amaxx Risk Solutions, Inc. which is an expert in this field.

Why Should I Investigate?

Before a claim handler begins the investigative process, it is important to understand there are reasons why they are looking into the claim.  Determining where you are procedurally can make the investigation more cost effective.

1. Mitigating an accepted claim
2. Defending a Potential Claim;
3. Identifying Fraud; and
4. Determining Other Necessary Parties to an Action

Determining Witnesses

Basic claims investigation will also allow you to determine witnesses.  This will include fact or lay witnesses, as well as expert witnesses that may be necessary.  Types of fact or lay witnesses include the following: managers or other supervisors, co-workers, on-site medical personnel, human resources staff, risk and safety managers and witnesses to the incident or injury.

Expert witnesses should be used at the discretion of a claims handler.  Expert witnesses charge a fee for their services and may not be needed in all cases.  Types of expert witnesses in a workers’ compensation claim include IME doctors, vocational experts and labor market surveys.

Other Sources of Documentary Evidence

Obtaining additional information about a claim is typically crucial in the early stages of a claim investigation.  It is also important to know the law of the jurisdiction you are in as this will govern your ability to obtain information.  For example, if an employee reports a work injury, claims management professionals are able to request authorizations for medical records.  On the other hand, when a denial is made, the ability to access that same information may sometimes be only made once after a claim is put into litigation.  State workers’ compensation acts and rules also govern employee statements, and access to other information.

Here is a list that claims handlers might want to access during a claims investigation:

1. Authorization to obtain various records: medical, workers’ compensation division records, vocational reports, tax records (self-employment or multiple job wage earners), school records and unemployment records
2. ISO Claims Bureau Search
3. Maps and charts
4. Police records
5. Court records
6. Medical records, bills and other expenses
7. Child support obligations
8. Internet or Social Media research
9. Unemployment records

Other Sources of Information

It is also essential that the claims professional learns as much as they can about the employee’s work activities with the employer.  In some cases it may be important to do the following:

1. Videotape job site
2. Videotape employee’s job (common in repetitive movement-type injuries)
3. Security camera video

Questions of Admissibility

Just because you are able to find information, does not mean that it will be admissible at a workers’ compensation hearing.  In order for a court to review evidence, it must be admissible.  Rules regarding admissibility vary from state to state.  The basic question most courts will ask is whether the evidence has probative value and is not overly prejudicial.  Most states have relaxed rules of evidence in administrative settings.  It is important to consult with an attorney on issues of evidence and admissibility.

Conclusions

Claims management teams are on the front lines when it comes to investigating a claim.  Before handling any claim, it is important for a claims handler to understand what goals they are trying to accomplish and how to complete the task in an effective and timely manner.

I hope you found this article as useful  and had a restful Labor Day.  Please feel free to give me a call to discuss difficult workers  compensation issues you have and  together we determine  economical ways to solve them.   Also let me know if I can provide you with a FREE quote- just contact me at david@StaffingCompSolutions.com and visit our web site at www.StaffingCompSolutions.com

All the best
David Schek
President
StaffingCompSolutions.com
American Staffing Association Member
ASA Exhibitor  2014 Conference Booth 1123
California Staffing Association Member

StaffingCompSolutions.com—-  Workers  Compensation  Specialists and Staffing Business Consultants For Over 25 Years.