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Employer Information

Investigating The Accident

One of the best ways to avoid further accidents is to understand how an accident occurred and how to avoid that type of accident in the future. The employer has an obligation to cooperate in the investigation of accidents and this includes gathering physical evidence and material relating to the accident taking pictures of the accident site and preserving evidence of the accident.

Employer's involvement in the investigation can never be underestimated since they usually have first-hand knowledge of what occurred and can obtain the necessary information to determine how the accident occurred and the cause of the accident. An employer must be constantly aware of the fact that although the actual manner in which the accident occurred is oftentimes not important to Workers' Compensation, the negligence of third persons or product defects can be significant.

An employer by law is required to cooperate with the injured worker in pursuing a claim against a third-party defendant. Many employers are reluctant to do this but they should realize that they can benefit from a thorough investigation and by helping the employee since any recovery made by the employee is subject to a lien of the employer and carrier for workers' compensation benefits previously paid.

The duty of cooperation on the part of the employer requires the retaining of the defective product for use by the employee in pursuing a third-party claim. The employer may be directly liable if evidence is destroyed.

*This section is provided as a reference tool only. Benefit rates as well as State agency contacts, phone numbers and addresses may change periodically and are not guaranteed. Please send notification of any changes to