Understanding Surveillance Tactics Used by Workers’ Compensation Insurance Companies
After filing a workers’ compensation claim, you may be shocked to learn that your employer’s workers’ compensation insurer is surveilling you. You may feel like your privacy is being unfairly invaded. However, workers’ compensation insurance companies are allowed to surveil claimants. What is not permitted is engaging in illegal surveillance tactics. For example, investigators cannot trespass on private property, tap injured workers’ phones, or hack into personal computers or phones. This article explores the legal surveillance tactics that workers’ compensation insurance companies can use, how these tactics can impact your claim, and how to protect yourself.
Why Do Workers’ Compensation Insurance Companies Conduct Surveillance?
Understanding why insurance companies often employ private investigators to monitor injured individuals can help protect your worker’s compensation claim. The following are some of the main reasons why workers’ compensation insurance companies engage in surveillance;
- Suspected workers’ compensation fraud, such as exaggerating or faking injuries
- Verification of injuries and level of disability
- Confirming reported restrictions
Often, workers’ compensation insurance companies engage in surveillance to identify inconsistencies in a plaintiff’s claims, which can help them settle claims for lower amounts or avoid paying altogether.
Surveillance Tactics
Workers’ compensation insurance companies are prohibited from engaging in illegal surveillance tactics. However, there are many legal tactics investigators can use, including the following;
Online Surveillance
This involves monitoring your social media activity to find evidence that contradicts your claim. Investigators may look for pictures, videos, or posts showing you engaging in activities you should not be engaging in. Unfortunately, even seemingly innocent posts can be used against you.
Video Surveillance
Workers’ compensation private investigators are not allowed to watch you inside your home, where you have a reasonable expectation of privacy. However, they can conduct surveillance outside your home in public spaces. Private investigators can observe and record your activities. Their aim is to capture footage that contradicts your claims, such as physical activities you stated you cannot perform because of your injury.
Interviews and Conversations With People You Know
The workers’ compensation insurance company may interview your friends, family members, or co-workers with the aim of gathering information that contradicts your claims. For instance, the insurance company may ask about your physical capabilities and daily activities to find evidence that you are not as severely injured as you claim.
How To Protect Your Claim
It is crucial that you understand how you can protect yourself from your employer’s workers’ compensation insurer. Here are some steps you can take to protect yourself;
- Limit social media activity: If you can, stay away from social media while your claim is pending. Limit what you post on your social media pages if staying offline is impossible.
- Be cautious in public: Do not engage in activities that appear strenuous or that could contradict your claims.
- Be educated: Understand common surveillance tactics used by insurance companies and the legal limits of surveillance.
- Consult an attorney: An attorney can advise you on how to respond if you are being watched. They can also help fight any evidence the insurance company may try to use against you.
Contact Us for Legal Help
If you are concerned about workers’ compensation private investigators, you should contact an attorney as soon as possible. Our skilled Vermont workers’ compensation lawyer at Sluka Law PLC is here for you. Contact us today to schedule a consultation.
