Although the majority of businesses are legally required to have workers’ compensation insurance, their insurance providers are not required to pay claims to injured employees. A workers’ compensation insurance company will attempt to find a reason to deny a claim. To do this, some insurance providers resort to utilizing surveillance tactics.
Surprisingly, it is legal for an employer and their workers’ compensation insurance provider to hire a private investigator to watch an employee after they file a claim. The purpose of this is to gather evidence that the worker is faking their injury, or to find another reason for claim denial. Because of this possibility, it is essential to strictly follow your doctor’s orders following an on-the-job accident.
When you are involved in a workers’ compensation case, your course of medical treatment is deeply intertwined with the claims process. Your employer and their insurance provider will be aware of the treatment you are receiving, and the advice given by your doctor. If using surveillance, they will be watching for any actions that can be construed as a violation of that advice.
A private investigator may look for an injured employee engaging in activities such as:
- Lifting things
- Exercising
- Walking around a lot
- Standing for an extended period of time
The limitations advised by a medical professional will depend on the person’s injuries, but a good general principle to follow is avoiding any strenuous activity during the claims process. It is not necessary to hide in your house and completely restrict yourself, but laying low, being aware of the possibility of surveillance, and following your doctor’s orders will help your case.
Contact Michael J. Doyle, Attorney At Law for assistance with your workers’ compensation claim. Send us a message or call (505) 219-2176 to schedule a no-cost case evaluation.