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If you have filed a workers’ compensation claim, you can bet the insurance company has you under surveillance. Insurance companies regularly hire private investigators to follow and record injured workers to try to limit their benefits. Here’s what you need to know about their sneaky surveillance tactics:
Assume that if you have an active comp claim, there are private investigators following you and documenting your activities with photos and videos. Their goal is to capture anything that contradicts your injuries in order to reduce or deny your benefits.
Surveillance operatives will shadow you anytime you leave home – whether running errands, attending appointments, meeting friends, or just going for a walk. They will make note if you bend, lift, carry, or perform other actions that supposedly exceed your medical restrictions.
Insurance companies also scrutinize your social media profiles, looking for evidence to use against you. Anything you post on Facebook, Instagram, Snapchat, TikTok, Twitter, etc., can and will be used against you.
A single photo of you engaging in an activity your doctor has restricted, like lifting a child, can profoundly damage your case. It creates the impression you exaggerated your injuries even if you only performed the activity briefly to take the picture.
Understand that surveillance crews aim to capture mundane activities and twist them to imply you are less impaired than claimed.
Carrying a bag of groceries could be portrayed as lifting heavy weight. Kneeling to garden or bend to pet a dog could suggest you don’t have claimed mobility restrictions. Surveillance video is selectively edited to promote the insurance company’s narrative.
Any indication from your doctor that you can return to work in a limited capacity is another area ripe for insurance company abuse. They will claim you are obligated to look for work immediately.
However, the job search requirements set by the Workers’ Compensation Board (WCB) are complex. Simply having partial work ability does not automatically equal an unconditional duty to find a new job.
To protect yourself, heed your medical restrictions completely, even if an activity seems harmless. Avoid social media altogether while your claim is active.
If the WCB directs you to look for work, consult with an experienced workers compensation attorney. They can ensure the job search mandate legitimately conforms to your medical status and the law.
An attorney well-versed in insurance company tactics can also push back against any surveillance video edits that misrepresent your capacities. Don’t let sneak surveillance footage derail your rightful claim.
With our extensive experience in workers’ comp cases, we are here to help protect your benefits from insurance company overreach. Contact us to learn more and schedule a free consultation.
New York Workers Comp Lawyers & Social Security Disability Attorneys
