When people hear about surveillance, they often think of crime dramas or spy movies. What they don’t consider is insurance companies conducting surveillance on injured workers during workers’ compensation cases.
Although it may feel invasive, surveillance is a common tactic insurers use to assess whether an injured worker’s reported limitations align with their daily activities. Understanding the why and how of surveillance can help injured workers avoid mistakes that could affect their claim.
Why insurance companies use surveillance
Insurance companies may not use surveillance for every workers’ comp claim. But they may hire a private investigator if they suspect a worker may be physically capable more than they claim, or if a large settlement or long-term disability benefits are involved.
The private investigator may monitor the injured worker in public places and record their activities through photographs and video footage. Surveillance may include observing someone while shopping, driving, performing yardwork or attending social events.
By law, investigators can’t trespass onto private property or secretly record private conversations. They can only observe activities in public where there is no reasonable expectation of privacy. For example, an investigator can stand on a sidewalk and watch an injured worker mow their front lawn, but the investigator can’t peer over the fence of an enclosed backyard. Insurance companies may also review publicly available social media accounts for posts, photos, or videos that may contradict the injured worker’s claims.
Still, surveillance footage and social media posts don’t always tell the full story. A short video clip may capture only a brief moment in time and not reflect the pain or physical limitations the worker experiences afterward, or a worker recovering from a back injury may be able to lift a bag of groceries but is unable to perform the repetitive lifting required at their job.
If surveillance footage becomes part of your workers’ comp claim, you need to speak with a legal professional. They can help place the footage in proper context, challenge misleading interpretations made by the insurance company and protect your rights while your claim moves forward.