The value and importance of professional investigators cannot be overstated in the handling of a workers’ compensation claim. Private investigators and attorneys have an important partnership in a legal case together. Moral and ethical behavior by professional investigators along with their general investigative skills and experience are assets to attorneys during the handling, evaluation and resolution of a litigated workers’ compensation matter.

While it is every professional investigator’s responsibility to research, know and abide by all statutes, codes, laws, policies, rules and professional ethics, attorneys must exercise due diligence when selecting and engaging a professional investigator. Attorneys are expected to put in a reasonable effort to ensure supervisory authority that corresponds to the lawyer’s professional obligations. When professional investigators are hired by an attorney, the investigator’s actions must be legal, justified, necessary and without bias. Professional investigators have a responsibility to businesses, professions, clients and the subjects that are the focus of the investigation. It is paramount that the investigator be sure of the client, the subject and the purpose of the investigative assignment. The professional investigator must not jeopardize any parties to the investigation, even the subject, to harm. The professional investigator must not exceed legal authority. In such a case, it is the attorney who will be liable for any consequences arising from the investigator’s ethical violations. Ethical considerations may originate in licensing statute, association code of ethics or professional ethics by way of a client’s specific instructions.