Employers regularly ask us if they are allowed to conduct surveillance investigations into workers compensation claims. Frustration with perceived delays or inaction by Workcover often prompt these questions. Some employers are confused or apprehensive around whether or not a private investigator can conduct an investigation for them.

As an employer you are able to conduct a surveillance investigation into a worker on compensation. This may be where you believe the worker may be exaggerating their claim or a belief they have returned to work. Workcover will generally not act unless there is contradictory evidence about the workers ability to return to work. Conducting surveillance and finding contradictory evidence will give Workcover that ability to commence their own investigation.

An employer conducting an investigation into a worker's conduct only seems logical. As an employer you and your employees generally live in the same area; attend the same places, sporting events; have the same friendship groups, etc. This may lead to you receiving information that the worker may not be honest about what is truly happening. You also intimately know your business and should know whether the injury could have happened in the way stated.

Another concern for employers is that if the matter cannot be solved within the statutory framework, then there is a possibility of the worker undertaking a lawsuit under the common law area of negligence. If this occurs then an employer needs to protect themself. Evidence from a surveillance investigation can help to protect them. It is difficult to deny when obtained legally and reported properly.

Outcomes

It is rare to learn the impact a surveillance investigation has on the the outcome of a claim as most decisions remain confidential and court decisions unreported. But the worker can be prosecuted under the Workers Compensation and Rehabilitation Act 2003. There are provisions for fraud (s 533) and where a person undertakes another form of employment. (s 535). The work undertaken does not need to be paid employment.

We conducted a surveillance investigation for an employer who suspected that an employee's workers compensation claim was overstated. Workcover would not take any action so the frustrated employer got in contact. Our surveillance showed proof that the employee was working. Workcover then conducted their own surveillance investigation on the back of our evidence. Ultimately this worker was prosecuted under both of the offences listed above and found guilty. The court handed down a sentence of 6 months imprisonment wholly suspended for a period of 12 months and a fine and a costs order which came to over $27,000. You will find that decision HERE, then click on the tab for Beenleigh.

This is just one example of how a surveillance investigation exposed a fraudulent claim. This claim would have increased the employer's compensation premiums if the employer had not undertaken their own investigation.

Learn more about surveillance investigations HERE.