What BC Employers Should Do After Receiving Investigation Results

Last Updated: March 2026

What BC Employers Should Do After Receiving Investigation Results

You have commissioned a professional investigation into a workers’ compensation claim. The investigation is complete and you have received the report and supporting evidence. The results may clearly document activity that appears inconsistent with the claimant’s reported limitations and the natural next step may seem like an immediate employment decision.

Before taking any action based on the investigation results, it is important to understand the process that protects both the evidence and your position as an employer. How the results are used is just as consequential as the quality of the evidence itself. An employment action taken outside the proper channels, even one supported by strong evidence, can expose the employer to a prohibited action complaint that results in reinstatement, back pay, and record expungement, regardless of whether the claim was genuinely fraudulent.

This page provides a step-by-step guide for what to do after you receive investigation results, how to submit the evidence through proper channels, and how to protect your position throughout the process. If you have not already retained independent legal counsel, this is the point at which doing so becomes critical, before any employment action is taken, not after.

In This Article

  • Why You Should Not Act Immediately
  • Step 1: Review the Evidence Carefully
  • Step 2: Consult Legal Counsel
  • Step 3: Submit Evidence to WorkSafeBC as New Information
  • Step 4: Allow WorkSafeBC to Act on the Evidence
  • Step 5: If WorkSafeBC Does Not Act, Use the Appeal Process
  • Step 6: If You Proceed with Employment Action
  • File Retention
  • Maintaining Confidentiality
  • What the Investigation Results Are and Are Not
  • FAQ: Using Investigation Results

Why You Should Not Act Immediately

The moment you receive investigation results showing a claimant performing activity inconsistent with their reported limitations is not the moment to take employment action. There are several reasons for this.

First, under the Workers Compensation Act, the reversed burden of proof means the employer must prove that any adverse employment action was not motivated by the worker’s exercise of their rights. Terminating a worker immediately after receiving surveillance footage creates a straightforward narrative for the worker’s advocate: the employer commissioned surveillance because the worker filed a claim, and as soon as the employer had ammunition, they fired the worker. Even if the evidence is strong, the timing of the termination can be used to argue that the real motivation was retaliation.

Second, surveillance footage documents observed physical activity. It does not diagnose medical conditions, determine the validity of the claim, or establish that fraud has occurred. Those determinations are made by medical professionals, WorkSafeBC adjudicators, and legal decision-makers, not by employers reviewing video footage. Acting as if the footage proves fraud, without going through the proper channels, creates both legal and factual vulnerabilities.

Third, submitting the evidence through proper channels before taking employment action creates a documented paper trail that significantly strengthens your position if a prohibited action complaint is filed. It shows that you acted responsibly, followed the process, and allowed the system to evaluate the evidence before you made any employment decisions.

Step 1: Review the Evidence Carefully

Before taking any action, review the complete investigation report and all supporting evidence thoroughly. Consider the following:

  • What does the evidence actually show? Read the report carefully and watch the footage. Does the observed activity genuinely contradict the worker’s specific reported limitations? A worker who is restricted from lifting more than 10 pounds being observed carrying a 50-pound bag is a clear inconsistency. A worker who is restricted from prolonged standing being observed standing briefly at a store checkout is ambiguous.
  • Is the evidence conclusive or ambiguous? Some surveillance results are clear-cut. Others document activity that raises questions but could have innocent explanations. A worker seen gardening for 20 minutes might argue that they were having a good day, that their restrictions allow limited activity, or that they were pushing through pain. Ambiguous evidence is still useful, but it requires a different approach than conclusive evidence.
  • Does the report include observations that support the claim? A balanced, professional report will document observations both inconsistent and consistent with the reported limitations. If the report notes that the claimant was observed limping on one day but performing heavy lifting on another, both observations are relevant to the overall picture.
  • Is the evidence verified? Confirm that the SHA-256 hash values are included and that the evidence files can be independently verified. This ensures the evidence will withstand challenges to its authenticity if the case proceeds to WorkSafeBC, WCAT, or court.

Step 2: Consult Legal Counsel

Before making any decision about how to use the investigation results, consult with an employment lawyer or a lawyer experienced in workers’ compensation law. Legal counsel can evaluate the strength of the evidence in the context of the worker’s specific claim and medical documentation, advise on the most defensible course of action, identify any risks or vulnerabilities in your position, help you prepare the submission to WorkSafeBC (if appropriate), and advise on whether and how to proceed with any employment action.

This consultation should happen before you share the evidence with anyone else in your organization (other than the person who authorized the investigation), before you discuss the results with the worker’s supervisor or co-workers, and before you make any changes to the worker’s employment status or conditions.

If you do not have an existing relationship with an employment lawyer, the Employers’ Advisers Office (EAO) can provide free initial advice and may be able to assist with the next steps. Their toll-free number is 1-800-925-2233.

Step 3: Submit Evidence to WorkSafeBC as New Information

The recommended pathway for using investigation results is to submit them to WorkSafeBC as “new information” relevant to the worker’s claim. Under the Workers Compensation Act, WorkSafeBC is required to make decisions based on the “merits and justice” of each case and is legally obligated to consider evidence submitted to the claims file.

The submission should include the investigation report (or a summary prepared with legal counsel’s input), the relevant surveillance evidence with the SHA-256 Hash Verification Logs, and a cover letter explaining what the evidence shows and requesting that WorkSafeBC review the claim in light of the new information. The cover letter should be factual and objective. It should describe what was observed, reference the worker’s specific reported limitations, and request a review. It should not accuse the worker of fraud, use inflammatory language, or demand a specific outcome.

This submission creates a documented paper trail that serves several important purposes:

  • It shows you acted through proper channels. Instead of taking unilateral employment action, you submitted the evidence to the body responsible for adjudicating claims. This is exactly the kind of responsible, process-driven approach that supports an employer’s defense in a prohibited action complaint.
  • It puts the evidence on the record. Once the evidence is submitted to the claims file, WorkSafeBC must consider it. If they fail to do so, you have grounds for an appeal.
  • It separates the evidence from the employment decision. By submitting the evidence to WorkSafeBC first, you create a gap between the investigation and any employment action. This makes it harder for the worker to argue that the termination (if it comes later) was a direct, retaliatory response to the claim.

Step 4: Allow WorkSafeBC to Act on the Evidence

After submitting the evidence, allow WorkSafeBC time to review the information and make a decision. WorkSafeBC may take several possible actions in response to the new evidence:

  • Review the claim. WorkSafeBC may initiate a review of the claim in light of the new evidence, which could result in adjustments to the worker’s benefits, a request for an updated medical assessment, or a reassessment of the claim’s accepted conditions.
  • Request additional medical information. The claims manager may request updated medical documentation from the treating physician, an independent medical examination (IME), or a Functional Capacity Evaluation (FCE) to compare the surveillance observations against current medical opinion.
  • Suspend or deny benefits. If WorkSafeBC determines that the evidence supports a finding of misrepresentation, it has the authority to suspend or deny benefits under the Act.
  • Take no immediate action. WorkSafeBC may acknowledge receipt of the evidence but not take immediate visible action. This does not necessarily mean the evidence was disregarded. The claims manager may be incorporating it into the broader claim file for consideration in upcoming decisions.

The key point is to allow the process to work. If WorkSafeBC takes action on the claim (such as suspending benefits or requesting a medical review), document that the Board’s action preceded any employment action you take. This sequence, WorkSafeBC action first followed by employer action, is significantly more defensible than employer action taken unilaterally.

Step 5: If WorkSafeBC Does Not Act, Use the Appeal Process

If you believe WorkSafeBC has not properly considered the evidence you submitted, or has made a decision that fails to account for documented inconsistencies, you have the right to challenge that decision through the appeal process.

The first step is to request a review through the Review Division of WorkSafeBC within 90 days of the decision. The Review Division provides an independent internal review of the decision and the evidence.

If the Review Division’s decision is still unsatisfactory, most decisions can be appealed to the Workers’ Compensation Appeal Tribunal (WCAT) within 30 days of the Review Division’s decision. WCAT is the final level of appeal within the workers’ compensation system.

The Employers’ Advisers Office (EAO) can provide free assistance with preparing submissions for both the Review Division and WCAT. Their toll-free number is 1-800-925-2233.

Step 6: If You Proceed with Employment Action

If, after consulting legal counsel and (ideally) after WorkSafeBC has had an opportunity to act on the evidence, you decide to proceed with employment action such as termination for cause based on documented fraud, there are several principles to follow:

  • Base the action on documented evidence, not the claim filing. Your termination letter or disciplinary documentation should reference the specific evidence of misrepresentation (the observed activity, the dates, the conflict with the stated restrictions) and should not reference the fact that the worker filed a WCB claim. The action must be framed as a response to the documented conduct, not as a response to the claim.
  • Ensure the evidence supports the action. The employment action must be proportionate to what the evidence shows. If the evidence shows the worker lifting heavy objects despite a restriction against heavy lifting, that supports an argument that the worker misrepresented their limitations. If the evidence shows the worker walking without apparent difficulty, but their restriction relates to lifting rather than walking, the evidence may not support termination.
  • Have legal counsel review the termination before it is executed. An employment lawyer should review the termination letter, the supporting evidence, and the overall file to identify any vulnerabilities before the employer proceeds.
  • Document the decision-making process. Record who made the decision, when it was made, what evidence it was based on, and what legal advice was obtained. This documentation becomes part of the employer’s defense file if a prohibited action complaint is filed.
  • Remember the one-year window. Under Section 49(3)(a) of the Workers Compensation Act, the worker has one full year from the date of the employment action to file a prohibited action complaint. Your documentation must remain available and your defense must remain prepared for the full 12-month period.

File Retention

The complete investigation file, including the reasonable suspicion documentation, the investigation report, all video and photographic evidence, the SHA-256 Hash Verification Logs, correspondence with WorkSafeBC, legal counsel communications, and all internal decision-making records, must be retained for a minimum of two years from the date of any employment action.

This two-year period provides a safety margin beyond the one-year prohibited action complaint window under Section 49(3)(a). It accounts for the time that may elapse between the filing of a complaint and the Board’s determination, the appeal process at WCAT, and any judicial review. Destroying evidence prematurely can be catastrophic to the employer’s defense.

Store the file securely with access limited to the person who authorized the investigation, legal counsel, and any other person with a legitimate need to know. The file should not be stored in the worker’s regular personnel file.

Maintaining Confidentiality

The investigation results should be treated as strictly confidential. Distribution should be limited to the person who authorized the investigation, your legal counsel, WorkSafeBC (as part of the formal submission process), and any tribunal or court in connection with a legal proceeding.

Investigation results should not be shared with the worker’s supervisor (unless the supervisor is the person who authorized the investigation), the worker’s co-workers, other managers or employees who do not have a legitimate need to know, or any external party not involved in the claim process.

Sharing surveillance footage or investigation details with unauthorized persons undermines the employer’s position in multiple ways. It can be argued that the evidence was used to humiliate or intimidate the worker (a prohibited action). It may violate PIPA by using personal information for purposes that a reasonable person would not consider appropriate. And it can create witnesses whose testimony the worker’s advocate can use to argue that the investigation was motivated by workplace hostility rather than legitimate concern.

What the Investigation Results Are and Are Not

Understanding the proper scope of investigation results helps employers use them correctly:

The results ARE:

  • A documented record of observed functional capabilities during the investigation period
  • Evidence that can be submitted to WorkSafeBC as new information relevant to the claim
  • Material that can be reviewed by medical professionals to compare against the worker’s reported limitations
  • Evidence that can be used by legal counsel to advise on employment decisions
  • Documentation that, if properly obtained and verified, can be presented at WorkSafeBC, WCAT, or in court

The results are NOT:

  • A medical diagnosis or assessment of the worker’s health condition
  • A legal determination that fraud has occurred
  • A recommendation for any specific employment action (termination, discipline, demotion)
  • Proof that the worker’s claim is invalid (that is a determination for WorkSafeBC, medical professionals, and adjudicators to make)
  • A licence to confront the worker, share the footage with co-workers, or take retaliatory action

The investigation report documents what was observed. The question of what those observations mean in the context of the worker’s medical condition, their claim, and the law is answered by the appropriate decision-makers: WorkSafeBC, the treating physician, an independent medical examiner, legal counsel, or an adjudicator at WCAT.

Frequently Asked Questions

Potentially, but not unilaterally. The recommended pathway is to submit the evidence to WorkSafeBC as new information first, consult legal counsel, and allow the system to evaluate the evidence before taking employment action. Terminating a worker immediately after receiving surveillance footage, without going through proper channels, creates a strong prohibited action argument. The manner and timing of the employment action matter as much as the evidence itself.

Consult your legal counsel on this point. In some cases, submitting the full report and evidence is appropriate. In others, a summary prepared with counsel’s input may be more strategic. The goal is to ensure WorkSafeBC has sufficient information to review the claim in light of the observations, while protecting the employer’s position in any future proceedings.

If you believe WorkSafeBC has not properly considered the evidence, you can request a review through the Review Division within 90 days of the decision. If the Review Division’s decision is also unsatisfactory, most decisions can be appealed to WCAT within 30 days. The Employers’ Advisers Office (1-800-925-2233) provides free support for these processes.

Generally no. Investigation results should be shared only with the person who authorized the investigation, legal counsel, WorkSafeBC (through the formal submission process), and any tribunal or court. Sharing footage with supervisors or co-workers who do not have a legitimate need to know can be argued as intimidation, may violate PIPA, and can create witnesses whose testimony undermines the employer’s position.

A minimum of two years from the date of any employment action. This exceeds the one-year prohibited action complaint window and accounts for the time that may be needed for Board inquiries, WCAT appeals, and potential judicial review. Store the file securely with limited access, separate from the worker’s regular personnel file.

Not on its own. Surveillance footage documents observed physical activity. Whether that activity constitutes fraud depends on how it compares with the worker’s specific medical restrictions and is a determination made by WorkSafeBC, medical professionals, legal counsel, or an adjudicator, not by the employer. The footage is evidence that informs those decision-makers, not a standalone finding of fraud.

This is also a valuable result. If the investigation documents activity that is consistent with the worker’s reported limitations, that information can help the employer make informed decisions about return-to-work planning, accommodation, and claim management. Not every investigation confirms fraud, and a professional investigation that supports the claim is not a failed investigation. It is an informed outcome.

Related Knowledge Pages

References and Regulatory Resources

Need Guidance on Using Your Investigation Results?

Shadow Investigations provides post-investigation guidance as part of every WCB claim investigation file. When we deliver results, we advise clients on the recommended pathway for using the evidence, the importance of submitting through proper channels, and how to protect their position throughout the process.

If you have questions about an investigation we conducted or are considering how to proceed with results from any investigation, contact us at 604-657-4499 or through the form below. All consultations are free and confidential.

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About the Author

Photograph of Janet Helm, the Co-Founder and current Managing Director of Shadow Investigations Ltd. https://www.linkedin.com/in/janetehelm
Since 1993, Janet Helm has been a licensed private investigator in British Columbia, with a 30-year financial background in auditing, tax, and accounting. She co-manages Shadow Investigations Ltd., a professional agency in operation since 1990. A member of the Professional Investigator’s Association of BC (PIABC) since 1995, Janet served as its president, initiated the first private investigation course at Douglas College in 1998, and helped develop the Certified Canadian Professional Investigators designation. For her contributions, she received the Taras Hryb Education Builder’s Award. Janet also belongs to various investigator organizations such as the American Society of Industrial Security (ASIS), the World Association of Detectives (WAD), and the Association of Certified Fraud Examiners (ACFE), reflecting her commitment to ongoing education and staying abreast of her field.