In Pennsylvania, almost every employer is required to carry Workers' Compensation (WC) Insurance for their employers. WC is a type of small business insurance that covers employees for work-related injuries. A typical Workers Comp policy pays lost wages and medical expenses incurred due to a work-related accident while also protecting the employer against accident-related lawsuits. According to Forbes, the average cost per $100 in payroll in 2020 was $1.19.
Most businesses need this crucial insurance to obey the law and to help protect their business and employees. While most employees are honest and most Workers' Comp claims are legitimate, Workers' Compensation insurance fraud does occur, increasing the cost of WC premiums.
What is Workers' Comp Fraud?
Experts estimate that WC insurance fraud costs companies $5 to $7 billion annually, representing 1-2% of all WC benefits paid. Fraud can be perpetrated by the employer, the insurance company, or the employee, and it can be claim or premium-related. According to a 2024 Marketdata report, claim-related fraud accounts for about 80% of the cases, and about 82% of claim and premium-related fraud is perpetrated by employees.
Employee claim-related fraud occurs when an employee provides false information on a claim, such as filing a claim for an injury that didn't happen, filing a claim for an injury or illness that is not work-related, exaggerating the severity of the injury, misrepresenting their ability to work, or filing a claim for an old injury that didn't heal.
One way to minimize the risk of Workers' Compensation fraud and lower Workers' Compensation costs is to investigate every workplace accident.
What is an Accident Investigation?
When a workplace accident occurs, it's in the employer's best interest to investigate the accident. Investigations provide many benefits, including identifying hazards and shortcomings in a business's safety and health programs, uncovering fraudulent claims, and lowering Workers' Compensation Insurance costs.
The PA DLI defines an accident (incident) Investigation as "An organized process using written procedures that are applied every time an accident occurs regardless of its severity."
Surveillance may be a part of any WC claim investigation, but it can be expensive and time-consuming. Social media is a cost-effective surveillance tool that investigators can use to help verify the legitimacy of a claim.
How Can Social Media Assist in Workers' Comp Claim Investigations?
"Social media is a part of everyday life for most internet users in the United States and is frequently used for socializing, business, and dating," Statista reports. "As of 2022, the United States had the third-largest social media audience worldwide, after China and India. The United States is home to over 302 million social media users at a social networking penetration rate of over 91 percent."
Facebook is the most popular social media platform, followed by YouTube, Instagram, and TikTok. People of all generations frequently share information, photos, videos, and more on social media platforms.
Many people falsely believe that their social media accounts are private and that no one can see them. However, Aura reports, "In some cases, posts you share privately with friends or in private groups can be shared publicly without your permission. And if your friends don't follow the same stringent social media privacy settings that you do, this information could be accessed by anyone—even scammers and employers." Furthermore, everything posted on social media leaves a "paper trail." Social media is considered a public record in every state.
This makes social media a helpful tool when investigating WC claims. Investigators can gather information for free while in the comfort of their office. By searching the claimant's social media, investigators may find background information, monitor post-injury activities, discover information confirming or contradicting statements in the WC claim, and find evidence that the worker is lying about a disability or physical limitation.
While social media is a great tool, investigators should ensure they are using the tool ethically and that the information they are gathering is admissible.
Lower Your Workers' Compensation Insurance Costs
At American Insuring Group, Ltd., we offer cost-effective Workers' Compensation Insurance from multiple competing insurance companies. It's our mission to get you the best price on quality insurance to protect your employees and your business!
Call us today at (800) 947-1270 or (610) 775-3848, or connect with us online.