“Investigation and Claims Handling Strategies for Willful Misconduct Defense”

Claims Journal

In an article published in Claims Journal on August 21, 2018, Crystal McElrath discusses workers' compensation and defines willful misconduct in terms of a workers’ compensation defense. In order to expand on this idea, the article outlines specific examples of states that provide statutory defenses in cases where an employee’s own willful misconduct or intoxication may have caused an on-the-job injury, in which case an employer may have grounds for a willful misconduct defense.

Long before the defense counsel receives the file, the employer and claims adjuster both must investigate and document evidence that may later establish this defense. It is important to understand what goes into creating and executing a willful misconduct defense in addition to the investigation and proper documentation. As both sides in a workers’ compensation case are required to provide supporting evidence, McElrath provides insight in this article to help employers cover their bases from the get-go.

To view the full article, click here.

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