ACCIDENT – INCIDENT INVESTIGATION

ACCIDENT – INCIDENT INVESTIGATION NVCC – P&DS SAFETY COMMITTEE JOHN P. GOLDING SUPERINTENDENT 703-323-3425 - jgolding@nvcc.edu

Purpose of Presentation • Overview of workers’ compensation accident investigation process

Purpose of Presentation • Value of investigation following an accident (whether compensable or not)

Purpose of Presentation • Elements of Accident Investigations • Conduct INVESTIGATIONS with PREVENTION in mind • NOT TO PLACE BLAME!

Goals & Objectives • Increase your knowledge of the workers’ compensation accident investigation process

Goals & Objectives • Identify methods of investigation • Determine the causes of accidents

Goals & Objectives • Identify tools used in the investigation process • Fine tune your accident investigation skills

Employee Must Provide “Notice” Why: To notify the employer that the employee had an injury at work so that the incident can be investigated.

This report is required by the Virginia Workers' Compensation Act First Report of Accident VWC Form No. 3 (rev. 10/1/91) Employer's First Report of Accident Virginia Workers' Compensation Commission 1000 DMV Drive, Richmond, VA 23220 See instructions on the reverse of this form Employee Notice of an Accident

Employee Notice of an Accident Seek medical assistance & Notify the Supervisor of the area where the accident occurred.

Employer’s First Report of an Accident Supervisor of the area to contact the NVCC Safety Office & Human Resources WC claims representative providing basic information on the incident.

Employee Notice of an Accident Upon completion of on scene medical treatment the area Supervisor should begin processing VWC Form 3 • Immediate written notice required by law

Immediate written notice required • Enables prompt investigation of facts • Allows employer to provide necessary medical attention

Immediate written notice required • If the employer does not investigate, may not be able to prove the facts.

Best Practices • If possible the Injured worker should immediately notify his/her supervisor or the area supervisor • The Area Supervisor should investigate or notify the employee’s Supervisor immediately.!

Best Practices • The Area Supervisor should notify NVCC – Human Resources & the NVCC Safety Office immediately to insure the agency investigation can begin immediately

Best Practices • Investigate and submit VWC #3 and proper and completed follow-up paperwork with in five (5) working days.

Investigate to Determine Greater Risk • Injury arises from a risk not shared by the general public • There is a causal connection between the injury and the employment

Investigate to Determine Greater Risk • Employee exposed to a particular danger • The risk is peculiar to the employment

How Can You Help? On-Site Investigator’s Role In Workers’ Compensation Claims

Why Investigate WC Claims? • Executive Order 52 (99)

Why Investigate WC Claims? • Needed to assist claims staff • Determine cause • Document scene • Document what people said and saw

Why Investigate WC Claims? • Prevent future accidents

Documentation • Document information you hear

Documentation • Document the scene through photographs, sketches, written descriptions, video recordings

Documentation • Document evidence of non-work injury • Investigate facts that contradict injured workers’ version

Documentation • Investigate personnel or disciplinary problems that impact the claim situation

Documentation • What timeframes are in place for completing the investigation? VA-WC Requires completion of original report with-in five (5) working days.

Documentation • Any timeframes for follow-up for correction of hazards?

Documentation Obtain copy of VWC Form #3 from NVCC - Human Resources contact the NVCC - WC Representative @ 703-323-3361 To obtain form.

Documentation • Who does the documentation go to for forwarding to the claims staff? • Original completed form to NVCC – Human Resources WC Representative with-in five working days.

Documentation • Forward a copy of the completed VWC Form #3 to the NVCC – Safety Office @ the CW Building in Annandale • Intercampus Mailing Address: Safety Office CW CS-AN

Documentation • Maintain a copy for your records. • Forward a copy to your Director as required by your Department policy.

What Else? • Gather contact information on witnesses & supervisors • Obtain witness and supervisor names, phone numbers, best time to contact • Provide this information to agency personnel to forward to claims staff

Photographs • Why are photographs so important to OWC? • Support facts • Document scene

Photographs • Become the “eyes” for people not in the field • May be required if litigated

Exposure to Bloodor Other Body Fluid Document: • Who is the source • Was there any possible transmission of disease • Contact with cuts, scrapes • Contact with eyes, nose, mouth

Exposure to Bloodor Other Body Fluid Insert NVCC’S policy on how to handle exposure incidents here.

Claims Staff Role • Claims staff receives information from agency • Will investigate the Who, What, Where, When and How questions

Claims Staff Role • May call with additional questions or to obtain the injured worker’s or witness’s statement • Claims staff determines compensability

§32.1-45.1 Code of VirginiaDeemed Consent • Covers health care workers, law-enforcement officers and 1st responders • Source can be required to give blood sample for testing • Employee or their agency has the right to access the test results

Investigations

What is an “Accident”? • Any unplanned event that results in personal injury or in property damage. • Not intended • Not reasonably anticipated

So What is a “Cause”? • It is the reason for an action or condition; something that brings about an effect or result. (Webster’s dictionary)

Accident Investigations • The failure of people, equipment, supplies or surroundings to behave or react as expected causes most accidents.

Accident Investigations • Accident investigations determine how and why these failures occur.

Accident Investigations • Conduct with prevention in mind – NOT to place blame!

Why Should the Agency Investigate? • Assist workers’ comp claims process • To be the “eyes and ears” in the field

Why Should the Agency Investigate? • To gather facts on-site • To preserve evidence that may be lost over time

Why Should the Agency Investigate? • To determine cause of the accident • To identify ways to prevent accidents from recurring

ACCIDENT – INCIDENT INVESTIGATION