Many injured workers have no choice but to trust that their workers’ compensation benefits will come through for them in a difficult time when a work-related accident leads to lost wages. The sting of betrayal can come hard and fast if you realize that your employer’s insurance provider is willing to use any method at their disposal to avoid paying out the full extent of your claim.
Workers’ compensation surveillance is one such method. You can protect yourself against this morally questionable tactic by understanding your available options and how the Dan Pruitt Injury Law Firm can help every step of the way.
Understanding Workers’ Compensation Surveillance Tactics
Workers’ compensation insurance companies are sometimes, if not often, willing to spy on a claimant in an attempt to find evidence that disproves the claim or discredits the claimant. While this may sound like an unlawful invasion of privacy, the unfortunate truth is that insurance companies are within their legal rights to employ investigators to monitor your public activities.
For example, one common workers’ compensation surveillance tactic is to simply stake out your neighborhood and watch from outside your house. Other similar tactics include:
- Following you on your errands
- Setting up video surveillance
- Interviewing your friends, family and acquaintances
- Asking you about your injuries directly to catch you off-guard
Online surveillance is another spying method that is particularly noteworthy in today’s landscape. An insurance investigator will likely watch your social media account for any photos, videos or mentions of physical activity that are beyond the supposed limitations of your injury.
Avoiding Workers’ Comp Surveillance
If you do become the subject of workers’ compensation surveillance, your natural inclination is likely to put a stop to the spying altogether. Unfortunately, there is very little you can do to overcome the insurance company’s right to watch and monitor the subject of an open investigation. However, you can take steps toward avoiding workers’ comp surveillance to the best of your ability.
One course of action is to remain in the relative privacy of your own home. Stay aware, though, that an investigator might still attempt to capture footage through unblocked windows. It is also crucial to bear in mind that investigators will attempt to capture evidence when you least expect it. They often do not adhere to a 9-to-5 schedule, and can instead be watching in the late evening or early morning when your guard may be at its lowest.
In an era of constant online monitoring, you have one powerful option for avoiding workers’ compensation surveillance by suspending your social media activity. Investigators rely on social media as a highly effective tool for gathering information, but you can deny them that source by not posting or communicating on your social media accounts for the duration of your workers’ compensation claim.
Protecting Your Claim During Workers’ Comp Surveillance
Keeping in mind that it is difficult or impossible to avoid, let alone stop, many instances of workers’ comp surveillance, you can instead opt to take action that will protect your claim despite the surveillance against you. This comes down to simply being thoughtful about your day-to-day activities.
An important thing you can do when you have an active workers’ compensation claim is to follow your doctor’s orders. The physician will likely outline your physical limitations, so it is important to abide by them even if you think you feel well enough to bend the rules. For example, you should think twice about carrying heavy groceries if the doctor tells you to avoid lifting more than 10 pounds at a time.
Be cautious about activities that look strenuous, even if they do not feel strenuous to you. Doing yard work in front of your house might not go against the doctor’s orders, but workers’ compensation surveillance strategies might include the use of photos or video footage of the act as evidence that your injury is not severe enough to keep you off your feet.
The best way to ultimately protect your workers’ compensation claim is to work with a personal injury attorney who understands how insurance companies think. Your lawyer can advise you on the behaviors that an insurance investigator will watch for. If it becomes necessary to refute any evidence provided by an investigator, an attorney can speak on your behalf and represent your best interests in a complex environment.
Dealing With Workers’ Comp Private Investigators
Workers’ comp private investigators are experts in their line of work that know how to be discreet and inconspicuous throughout their activities. You might not notice that someone is watching you, your family or your friends, but if you do suspect that workers’ compensation surveillance is occurring, consider your next moves carefully before you decide to approach an investigator.
Speaking to an insurance investigator or trying to discourage them from watching you may do more harm than good for your workers’ compensation case. There is little you can do to dissuade an investigator, and they will instead use any words or actions they can from your interaction as evidence against your claim.
Contact a Greenville Workers’ Compensation Lawyer Today
Having an injury lawyer on your side is of the utmost importance in your Greenville, SC, workers’ compensation case, and all the more so if you believe that you are the subject of workers’ compensation surveillance. The Dan Pruitt Injury Law Firm can help you plan your case accordingly while under surveillance and give you the best chance at securing the full amount of compensation you deserve.