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Labor & Employment

Workplace Incident Investigation

A worker is badly hurt, a fight breaks out on a shift, a piece of equipment fails in a way that could have injured someone. In the hours that follow, management has to understand what happened while the facts are still fresh.

Reviewed

01 GUIDE

Workplace Incident Investigation: what usually happens

Reports that cannot wait

Some incidents carry reporting duties with short deadlines. Federal workplace safety rules require employers to report certain serious injuries and deaths to OSHA quickly, and the workers' compensation carrier and the Board need to be told about work injuries as well. Delaying a required report to finish an internal review is a poor trade. Get medical help to the injured first, then sort out reporting. If police or regulators arrive, cooperate with them while making sure someone at the company is coordinating with counsel. Injured workers also need to know how to report the injury and get treatment under workers' compensation, and they should not be discouraged from doing so.

Keeping the scene and the evidence intact

Video from cameras on site is often recorded over on a schedule, so pull and save it right away. Where it is safe, leave equipment involved in the incident as it is and tag it out of service rather than repairing it. Collect maintenance records, training files, and staffing schedules for the shift. Witness accounts are valuable, but interviews conducted under counsel's direction are more likely to stay protected than informal statements written by supervisors. Avoid putting conclusions about fault in emails while the facts are still being gathered.

Deciding who investigates

A routine incident may be handled internally with a standard report. When there is a serious injury, a possible regulatory citation, a likely lawsuit, or a dispute among employees, the investigation is often better run through counsel so that its purpose is clear and privilege questions are considered from the start. We help decide who conducts interviews, what will be written down, and how findings will be shared. We also look at insurance notice, possible claims against equipment makers or contractors, and whether disciplinary action should wait until the facts are clearer. A careful workplace incident investigation can serve safety and legal goals at the same time.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

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05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about workplace incident investigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.