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October 15, 2024

Maximizing the Value of Surveillance in Workers' Compensation Investigations

In my 35 years of experience as an investigator, I've worked across many different types of investigations, but workers’ compensation cases remain uniquely challenging. One of the key issues that both investigators and clients face is balancing the amount of surveillance time with the need for accurate, actionable information. Often, clients request surveillance in blocks of 8, 16, or even 24 hours, while some may ask for 4-hour increments, especially when no activity is observed. While this may seem practical on the surface, without knowing the claim exposure, it becomes a challenge to secure the proper documentation to reduce exposure or provide the client with enough information to make an educated decision on reserves, mediation, or settlement.

The Value of Time in Investigations

To compare, law enforcement agencies may spend weeks, months, or even years developing an investigation, using large amounts of manpower and resources, often with no guarantee of a conviction. Private companies, of course, don’t have the same budget or resources to fund every investigation on such a large scale. However, it’s still crucial to give investigative teams the time to cover the basics thoroughly. All cases are different, but I’d like to focus on the common 4-hour surveillance blocks that are often requested. While understandable from a cost perspective, these short time frames can be a gamble in terms of getting results.

Establishing a Baseline: The Importance of Due Diligence

Every investigation should start with comprehensive due diligence. This involves investigating the claimant’s background—marital status, residence, hobbies, vehicles, children, social media presence, and more. It’s not just an investigative step; it’s essential for understanding who the claimant is and what we might expect. This process can easily take several hours, and it’s a key part of building a strong foundation for the investigation. Even before surveillance starts, this initial work provides valuable information for the client.

The Challenge of 4-Hour Surveillance Blocks

When starting surveillance in 4-hour increments, the question is always: what is the best time to begin? Most clients prefer early morning starts, hoping to catch the claimant on the way to a second job or other activities. While that’s not a wrong approach, it doesn’t always align with reality. Many claimants, whether they are legitimately injured or not, tend to stay home for extended periods—whether it’s to rest, heal, avoid work, or engage in everyday activities like watching TV, shopping online, or talking to family and friends. In these cases, a 4-hour surveillance window can easily end up as “limited success,” where we confirm the claimant was home, but don’t observe any activity.

Consistency is Key

Another issue is the lack of consistency in short surveillance efforts. A single 4-hour block might not be enough to catch meaningful activity, but several days of consistent surveillance paint a more complete picture. Over the years, I’ve testified in court and seen claimants make excuses about how a particular day was an “exception.” These good day/ bad day defenses can often be dismantled if we’ve built a pattern of activity over multiple days. If a client only budgets for one or two days of surveillance, they take on the risk of missing out on critical evidence, and they allow the claimant’s counsel to prepare a defense based on limited data.

The Element of Surprise

I always advise clients to keep surveillance going until they’re confident the evidence we’ve gathered is strong enough to support their case. This also plays into the element of surprise. If you only present evidence after one or two days of surveillance, you risk tipping off the claimant’s team, giving them the chance to prepare a defense. Surveillance should remain consistent and discreet, with a clear goal of collecting enough evidence to make a firm, fact-based decision.

Conclusion

Not every investigation will have the desired or favorable outcome, but with proper planning, due diligence, and consistent surveillance, we can significantly increase the likelihood of gathering valuable, court-admissible evidence. By working closely and collaborating with clients and helping them understand the reasoning behind various investigative approaches, we ensure that their resources are used effectively, and their claims are managed with confidence.

Yes

King has worked in the investigative field for over 30 years and serves as our Executive Vice President - Client Relations.

In this role, he fosters the strong relationships he has built over the years while also developing new partnerships nationwide.

King began his career in the private investigation field and worked his way up to Vice President/Director of Operations for one of the largest Pittsburgh-based investigation companies. He then ventured into the law enforcement field, where he was a Deputy Sheriff in Westmoreland County, Pennsylvania. Chuck was also the Chief deputy Coroner for Westmoreland County, PA. His role was to investigate and establish the cause and manner of death on individuals throughout the county. He worked on investigations with Dr. Cyril Wecht, Dr. Jennifer Hammers and various local and state law enforcement agencies during his tenure.

In 1996, King began his own private investigation firm and built an impressive record providing best-in-class investigative services to nationally recognized employers and carriers. His claim resolution strategies have been requested by numerous law firms and carriers, and he works closely with federal, state and local law enforcement agencies on fraudulent claims.

King has been a featured guest speaker at numerous workers’ compensation industry events and has testified in over 100 workers’ compensation cases. He has also conducted investigations all over the world, including Peru, China, London and France.

He holds a bachelor’s degree in criminal justice from Edinboro University of Pennsylvania and has completed the Reid Technique of Interviewing and Interrogation, as well as several U.S. Department of Justice, state and county training programs.

King is a member of the Pennsylvania Sheriff’s Association as well as an instructor and third-degree black belt in martial arts.

Read Full Bio

Chuck King

Executive VP Client Relations

King has worked in the investigative field for over 30 years and serves as our Executive Vice President - Client Relations.

In this role, he fosters the strong relationships he has built over the years while also developing new partnerships nationwide.

King began his career in the private investigation field and worked his way up to Vice President/Director of Operations for one of the largest Pittsburgh-based investigation companies. He then ventured into the law enforcement field, where he was a Deputy Sheriff in Westmoreland County, Pennsylvania. Chuck was also the Chief deputy Coroner for Westmoreland County, PA. His role was to investigate and establish the cause and manner of death on individuals throughout the county. He worked on investigations with Dr. Cyril Wecht, Dr. Jennifer Hammers and various local and state law enforcement agencies during his tenure.

In 1996, King began his own private investigation firm and built an impressive record providing best-in-class investigative services to nationally recognized employers and carriers. His claim resolution strategies have been requested by numerous law firms and carriers, and he works closely with federal, state and local law enforcement agencies on fraudulent claims.

King has been a featured guest speaker at numerous workers’ compensation industry events and has testified in over 100 workers’ compensation cases. He has also conducted investigations all over the world, including Peru, China, London and France.

He holds a bachelor’s degree in criminal justice from Edinboro University of Pennsylvania and has completed the Reid Technique of Interviewing and Interrogation, as well as several U.S. Department of Justice, state and county training programs.

King is a member of the Pennsylvania Sheriff’s Association as well as an instructor and third-degree black belt in martial arts.

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