Can Employers Hire Their Own Workers Comp Investigators?

It’s a question I hear over and over again from CEOs, CFOs, and Risk Managers—especially those in high-risk industries like commercial construction, manufacturing, transportation, industrial steel, HVAC, energy, and big-box retail. They’re frustrated. They suspect abuse of the workers’ comp system. And they want to know, plain and simple: Can I bring in my own investigator?

The answer is yes—but there’s a right way to do it, and a very wrong way.

Having worked on both the brokerage side and the investigative side of this equation, I’ve seen just how quickly a well-intentioned employer can end up in legal hot water. Surveillance might feel like the next logical step when a claim doesn’t sit right, but mishandling it can expose your business to third-party liability claims for harassment, stalking, or invasion of privacy. And here’s the truth most brokers won’t tell you: your insurance coverage likely won’t fully protect you in that situation. In fact, in my experience, you’ve got about a 50/50 chance, at best, of having adequate protection in place for a claim like that.

That’s why how you handle this process matters. At Porter Investigative Resources, we’re structured to mitigate, not add to, your risk. We’re licensed, insured, and trained in field surveillance but we also in understand the legal and reputational implications of each case we take on. Our approach is discreet, professional, and rooted in producing court-admissible evidence that holds up under scrutiny, not flashy “gotcha” moments that end up backfiring.

As someone who once advised companies on which coverage to carry and has years of experience conducting the investigations that those policies depend on, we approach every case with both sides of the equation in mind. That means we carry the kind of coverage you want us to have. We indemnify our clients in writing. And we operate with a level of professionalism that protects your business, your employees, and your name.

So if you’re considering hiring a private investigator for a workers’ comp case, here’s my no-nonsense advice: If they can’t provide proof of insurance, walk away. If they won’t put indemnification in writing, walk faster. And if they’re selling you drama instead of reliable evidence, you’re in the wrong hands.

Workers’ comp fraud is real. So is liability. At Porter Investigative Resources, we help you address both—intelligently and legally. If you’re ready to talk strategy, not just surveillance, you know how to find me.