Managing Employee Injuries and Disability and Occupational Safety

H. I NVESTIGATIVE C HECKLIST – B ACK I NJURIES

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What is the employee’s employment history?

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What is the employee’s medical history?

 Obtain a description of the mechanics of the injury --the weight of the object being lifted, the position of the employee when he reported the pain, the length of time between the alleged injury and the onset of disability.

I. P RESERVING THE C ONFIDENTIALITY OF THE I NVESTIGATIVE R EPORT The employer’s first report of work injury (Form 5020) is not admissible in a hearing. However, any other employer reports may be admissible in a hearing and could be obtained by an injured employee or by another party in third-party litigation. Under what is called the “attorney work-product rule,” an investigative report may not be subject to disclosure if it is prepared by the employer in anticipation of litigation, or for transmission to its risk manager, insurance carrier or other claims adjusting personnel. In order to insure that an investigative report remains confidential, we suggest that you take the following steps:

 Institute a policy whereby a supervisor or department manager is required to prepare the report. The report should not be prepared by any lower ranking employee.  The report should be prepared for transmission only to the risk manager, insurance carrier or third-party administrator. In so transmitting the report, it should be marked “personal and confidential, to be opened only by addressee.” Instructions to this effect should be established by a clear policy disseminated to all management employees.  All managerial and supervisory employees must be instructed that the contents of the investigation report are strictly confidential and are not to be disclosed to any third persons. (This should not prevent a supervisor from, for example, discussing his investigation with his superior while preparing the report.)  The report should be maintained in a secure file in the office of the risk manager. The report may also be transmitted to the claims adjusting agent or to legal counsel for retention in their file.  A written policy should be adopted setting forth the foregoing. This policy should be disseminated to all managerial or supervisory employees.

In the event that the agency receives a Public Records Act request which seeks records pertaining to investigation reports of employee injuries, you should respond in writing as follows:

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 60