How Surveillance Can Impact Workplace Injury Claims

Surveillance is a tactic that insurance companies and employers might use to challenge a claimant’s credibility during a workplace injury claim. Although cameras seem to be just about everywhere today, it’s easy to overlook how one wrong image could damage your credibility. When you’re already dealing with a personal injury, it’s stressful enough just to keep up with your medical appointments and incoming bills.

But, knowing how surveillance could potentially harm your case helps you make informed decisions that support your claims. From making sure to seek medical treatment to avoiding making potentially damaging social media posts, here is all you need to know about preventing surveillance from impacting your future.

Expect an Internal Review of Workplace Footage

Most workplace injuries occur after a one-time accident. For instance, you might experience severe spinal trauma after a major fall. In this type of situation, the surveillance can begin even before you know you’re about to have an accident. Insurance investigators frequently view footage of the accident to identify contributors that are outside of the employer’s control.

Or, they may use the footage to prove that the accident wasn’t as severe as the claim states, if they can show you resuming your work tasks. Sadly, insurance companies often use this surveillance strategy against people with repetitive injuries. While your stoic attitude might not show the pain you felt inside, it’s important to note that lawyers use medical records, test results and other types of proof to support injury claims and provide help for mesothelioma victims if you were diagnosed with mesothelioma after a workplace accident.

Anticipate In-Person Monitoring in Public Spaces

Private investigator surveillance often seems like something that only happens in movies. But, in-person surveillance is commonly used by insurance companies and other people’s lawyers. The primary goal of in-person monitoring is to gather evidence that can lead to benefit reductions or denials.

The laws vary regarding surveillance, but you can reasonably expect that someone could photograph or record your activities in public spaces. A private investigator might capture footage of you at the grocery store carrying heavy items, or they might sit across the street to record you mowing the lawn or climbing a ladder to trim trees.

Unfortunately, this type of surveillance often leads to investigators using carefully selected parts of the video to try to prove that you still have the ability to manage your daily needs. For instance, you might have a relative momentarily forget about your injury and hand you a heavy bag that you immediately set down. Meanwhile, an investigator might use a photo of only the moment you are holding the bag to disprove your claim.

While it might feel eerie to think of someone monitoring your activities, it helps to know that you should be protected while you are in your home. You also want to avoid being paranoid about how your actions could look to an outsider. Simply follow your treatment recommendations, and try to remember that pushing through with an activity could have consequences beyond exacerbating an injury.

Be Wary of Social Media Monitoring

Many people don’t realize the far-reaching effects of posting about their injuries and activities online. Modern surveillance techniques often involve scouring a claimant’s social media pages to find proof that they aren’t as hurt as they seem. While spending time online might help distract you from your pain during your time off work, you want to avoid making it look like a vacation.

For instance, posting last year’s skiing photos might be misconstrued by a private investigator who tries to claim that you are engaging in strenuous recreational activities while on leave from work for an injury.

Many people with workplace injuries try to reassure their loved ones that they are doing well. Although posting a status update saying that you’re feeling less pain might seem innocuous, this could be used against you. Until your case is settled, it’s best to refrain from making any posts online. You might also need to ask friends and family members to avoid tagging you or asking questions about your injury.

Follow All Legal and Medical Advice

If the thought of being spied on makes you feel like you are walking on eggshells, it helps to know that you don’t have to navigate this stage of a workplace injury case alone. Consulting with a work injury lawyer can help you identify strategies that reduce the chances of surveillance harming your case. Your legal representative might suggest updating the privacy settings on your social media profiles, and you might need to arrange for help with tasks that occur in public view.

Following medical advice from your healthcare team also ensures that you stay within the recommendations for your injury. Being able to prevent further injury while also avoiding being caught on camera making an unsafe decision helps you achieve two goals at once. Plus, you’ll be able to back up any counterclaims that an insurance company tries to hold against you. If a doctor says you can lift a gallon of milk, then being caught doing so is less likely to harm your case.

Finally, remember that workplace injuries can generate a significant amount of emotional distress on top of the physical pain you experience. Knowing that you have professional legal and medical guidance can help you relax and trust that you are doing everything you can to have a successful recovery.

No one should feel like they are under constant surveillance, and you should be able to go on with your life as normally as possible during your recovery. But, it may help to avoid making new posts online, and you can ask your loved ones to avoid making comments or other public statements that can be taken the wrong way.

Following your physician’s guidance is important for avoiding being caught by an investigator with an armful of heavy groceries when you have restrictions. Plus, you’ll find that most of the strategies you need to follow help you enjoy a better recovery overall. If the stress builds up too much, then make sure to talk to your support network. Your family, lawyer and healthcare practitioners can all work together to help you feel safe and secure as you work through the next steps of handling your claim.