Investigation Methods in New York Workers’ Compensation Claims

In almost every Worker’s Compensation case, the carrier or carrier’s attorney will recommend to obtain records or surveillance in order to properly investigate and assist with defense on a claim.  Often times, several subpoenas are issued in connection with a Workers’ Compensation claim.  These subpoenas direct an individual, practice, facility, carrier, etc., to produce specific records pertaining to the claimant. These subpoenas are served through a service company that certifies receipt of said subpoena.

A Workers’ Compensation carrier may also obtain an ISO claim report. These services run the claimant’s information (name, DOB, SS#, address, etc.) and will pull reports of a claim whether from a prior or current WC claim or a from a motor vehicle accident. A carrier may also investigate records obtained from locations where the claimant has previously sought treatment with a doctor, facility or pharmacist. These reports are crucial in helping assist with defense strategies on a case which may lead to apportionment findings or possibly even fraud.

Defense counsel may also obtain an OC-110A to assist with obtaining helpful prior records. The OC-110A is a Board document which is executed by the claimant. This document authorizes the listed party to obtain access to any and all Workers’ Compensation claims.

Another popular investigative avenue is video surveillance footage. A carrier may contract with a third-party surveillance company to surveil the claimant. The company will provide the carrier with video footage and a surveillance report drafted by the investigator. The surveillance company may also perform a social medical search on the claimant.

The above-mentioned investigative methods indeed play a significant role in the strong defense of a Workers’ Compensation claim.

There are several avenues available with respect to the investigation of a Workers’ Compensation claim. Please contact Steven Bedoya at or (201) 880-9374 for more information.