A workers’ compensation accident is generally an unforeseen event, that leaves both employers and employees grappling with the aftermath.
In the wake of a workplace accident, collecting the right evidence is crucial for a smooth claims process.
This comprehensive guide outlines the key pieces of evidence that employers should gather to ensure a thorough investigation and protect the interests of both parties involved.
Immediate Response and Safety Measures:
The first steps after a workplace accident are crucial for the well-being of the injured employee and the integrity of the investigation.
Begin by ensuring that the injured worker receives prompt medical attention. If emergency treatment is necessary, call 911 or an ambulance for the employee. Otherwise, designate a supervisor to take the employee to a clinic for a drug screen and medical treatment.
Simultaneously, designate someone to secure the accident scene to prevent further harm or damage.
Incident Reports and Witness Statements:
Create a detailed incident report as soon as possible. You can find the correct form for Louisiana here. If your employee was taken to the hospital, fill out the report of injury with as much information as you know and then complete that report as soon as possible. However, turn in the report of injury to your workers’ compensation insurer to alert them to the incident.
Include information such as the time, date, and location of the accident, as well as a narrative describing how it occurred.
Have all witnesses to provide written statements of the incident while the events are still fresh in their minds. Collecting statements from multiple perspectives can help build a comprehensive understanding of the accident.
Photographic and Video Evidence:
A picture is worth a thousand words, and this holds true in workers’ compensation cases. Use a camera or a smartphone to document the accident scene, including any equipment involved, environmental conditions, and any hazards that may have contributed to the incident.
Additionally, consider taking videos to capture the dynamics of the accident. If your employer has a video system, make sure that you retain a copy of the film that shows the incident and provide that to your workers’ compensation carrier.
Medical Records and Documentation:
Gathering medical evidence is crucial to substantiate the severity of the injuries sustained.
Make sure your workers’ compensation carrier knows where your employee received medical treatment so they can request copies of medical records, diagnostic reports, and treatment plans.
The carrier will ensure that the medical documentation explicitly links the injuries to the workplace accident. This evidence will be vital in establishing the connection between the incident and the need for compensation.
Employee Statements and Interviews:
Have your injured employee specifically state what happen during the accident and note that on the report of injury.
If you know of any pre-existing conditions, any safety concerns the employee may have raised previously, or any other relevant information, make sure you discuss that with your workers’ compensation carrier.
Safety Inspection and Equipment Checks:
Perform a thorough safety inspection of the equipment, machinery, or tools involved in the accident.
Document any defects, malfunctions, or signs of inadequate maintenance. This evidence can be instrumental in determining whether the employer adhered to safety regulations and whether any equipment failures contributed to the incident.
You will likely need this information if you must make a report to OSHA.
Training Records and Safety Protocols:
Examine the injured employee’s training records to confirm that they received proper training for the tasks they were performing.
Verify that safety protocols were in place and communicated effectively. If the accident raises questions about the adequacy of training or safety measures, this evidence will be critical.
Surveillance Footage:
If your workplace is equipped with surveillance cameras, review the footage for any relevant information regarding the accident.
Sometimes, surveillance video shows exactly what happen when the injured employee and witnesses are unable to explain the incident. It can also show if there really was an accident.
It is surprising that some employees still attempt to stage an accident when they know surveillance is in that area.
Consultation with Experts:
Your workers’ compensation carrier may consider consulting with occupational safety experts, engineers, or other professionals who can provide expert opinions on the accident. If the claim warrants it, their insights can lend credibility to claim investigation and help build a robust case.
Conclusion:
In the aftermath of a workers’ compensation accident, the evidence you collect can make or break the claims process.
By following a systematic approach and considering the various types of evidence outlined in this guide, employers can ensure a thorough and fair investigation.
This not only facilitates a smoother claims process but also promotes a safer work environment by addressing any underlying issues that may have contributed to the accident.
What have you done to investigate work accidents? If you have completed all of the above, good for you!
