No matter what type of business you operate, all employers should be ready, willing, and able to conduct their own injury investigation immediately following an incident. Early intervention on your part is essential when there has been a serious injury or an injury of questionable nature. A proactive approach helps keep the incident from spiraling out of control and reduces liability exposure.
After all, the last thing any employer wants is costly court actions that can threaten the viability of the business. The following are the three main reasons you must immediately investigate an incident:
Reasons to investigate immediately
- This time will be your only opportunity to look into the legitimacy and cause of the injury while it's fresh, not possibly tainted by elapsed time.
- It will be the best opportunity to make an informed managerial decision based on the most thorough understanding of the underlying cause of the incident.
- It will be the best chance to obtain witness accounts of the incident. Time elapsing could allow witnesses to forget vital details, collude with others, or be intimidated into a false statement.
Now that it's clear why you need to investigate, you'll want to understand how to do so. An investigation is basically an objective, logical process that's conducted step-by-step. It's vital that assumptions aren't made and that conclusions aren't jumped to without completing the process.
It's best to designate specific individuals to carry out investigations. Of course, this designated investigator should understand both federal and state laws thoroughly. They should also understand the importance of keeping the results and details of the investigation confidential.
The investigator will determine if a worker's alleged workplace injury had any causal connection with their employment. For incident-specific medical coverage that may apply to certain activities, consider reviewing Sports Accident Medical Program (Amateur) as part of your planning.
It will also be of vital importance to the investigation process that your immediate supervisors have been trained to provide as much detail as they can about incidents. Supervisors should document observations and preserve any relevant maintenance or service records for equipment involved.
Keep these three essential steps in mind as you begin any investigative process:
1. Protect the incident site. Make every effort to preserve the incident site until either it's no longer viable, legislative requirements have been met, or the investigation has been completed. If this isn't possible, then create a thoroughly detailed representation of the site and secure physical evidence in plastic containers or bags to prevent contamination.
2. Document the incident site. If possible, don't remove any physical evidence from the incident site until you've documented it with video, pictures, and drawings. Show distances and the location of evidence with diagrams. If any equipment was involved, document the machine's serial number, manufacturing information, and maintenance and service records.
3. Take witness statements. Do not jeopardize or interfere with an injured worker receiving medical treatment. However, if the injury severity allows, obtain an immediate statement from the injured worker and then list and interview all potential witnesses as soon as possible. If feasible, sequester witnesses and interview them separately to avoid collaboration, collusion, or intimidation. Make it clear witnesses should not discuss the incident with others, and have each witness sign and date their statement.
It will be significantly easier to determine the validity of disability and compensation claims when you've used the above investigative process to establish cause. You will have the detailed documentation needed to address questionable issues and possibly thwart unfounded litigation claims.
To understand available policies that may apply after an incident, review Accident and Sickness Insurance options and, if you have coverage questions, ask an agent for guidance.
Frequently Asked Questions
When should an employer start an investigation after an incident?
Begin as soon as reasonably possible after ensuring injured workers receive medical care; early investigation preserves evidence and witness recall.
Can witnesses be interviewed later if they're not available immediately?
Yes, but delay increases the risk of forgotten details or altered accounts, so prioritize prompt interviews when feasible.
Should physical evidence always be left in place?
Leave evidence in place if it can be preserved safely; otherwise document thoroughly with photos and drawings before moving it to a secure location.
Who should conduct the investigation?
Designate trained personnel who understand investigative procedures and confidentiality requirements to ensure consistent, objective results.