As a workers compensation insurer or self-insured employer, your organisation may need to investigate workers compensation claims regularly. Perhaps there’s uncertainty whether the worker’s injury has stabilised. Or doubt whether the claim is genuine.
We can help.
We’re workers compensation investigators, skilled in careful investigations and experienced in meeting workers compensation legal requirements.
Workers compensation investigations take time and effort, often presenting significant challenges, especially when you’re also juggling the demands of your job. Engaging the services of a third-party investigator is often an effective solution.
A good investigator will locate all the evidence and present it to you in an objective and analytical report, allowing you to assess how to deal with the issue. It’s not the investigator’s job to advise you what to do – your technical adviser or solicitors can help with that – but rather to let you know whether the claim is substantiated.
Who you choose as your investigator may make an enormous difference to your investigation, especially its quality and efficiency.
Workers compensation investigations often require considerable detail. Evidence must be located and collected in a way that ensures its admissibility in any legal proceedings. And above all, knowledge of NSW workers compensation laws and processes is critical.
We investigate workers compensation claims holistically. We look at all surrounding circumstances, timelines, tasks, witnesses, workplace reporting, and other relevant issues.
We’re proud to have built our reputation on fair and unbiased investigations, offering objective analysis with excellent knowledge of legal requirements.
When you engage us to conduct a workers compensation investigation, we provide our findings in a report. Depending on the nature of the issues, the report may detail:
We won’t advise you about liability or how to manage the claim. However, we undertake that our investigation will comply with the relevant codes of conduct and standards of practice. If you have any specific concerns about compliance, please discuss them with us.
Investigating psychological injury claims requires significant skill. It’s critical to ensure that the investigation process doesn’t aggravate the claimant’s injuries. We have considerable experience in investigating allegations of workplace bullying, harassment, and managerial support issues.
Our goal is to balance the need to gather evidence and assess the facts on the one hand, with ensuring that the investigation is conducted sensitively on the other.
We usually prefer to conduct face-to-face interviews. However, sometimes it’s necessary to adapt our processes for the welfare of a participant. For example, if we identify a vulnerable person, we can:
When we investigate a claim for physical injury, our approach is all-inclusive. We look at the cause, and we also consider a range of surrounding circumstances, including:
Our physical injury claim investigations may also include photographs or videos, showing the worker’s tasks, work area and hazards which may have contributed to the injury.
Work injury damages (WID) are also known as modified common law damages. A worker can claim for WID if:
When we investigate WID claims:
The claimant has often instructed a lawyer at this point.
It’s critical to re-interview the insured and any relevant witnesses (if possible). These interviews focus more on the WID claim and whether the insured was negligent.
Not all WID claims result in court proceedings. Still, we conduct our investigation as if a court will determine the matter. This approach helps to ensure that:
Our role is the ensure that your solicitors have all the information they need.
We’ll undertake a fair and objective investigation to help you understand how to manage your organisation’s workers compensation claims.