If you were injured at work, one of the first steps you’ll likely take is filing for workers’ compensation benefits. These benefits are designed to provide financial relief for medical expenses, lost wages, and other damages while you recover. However, navigating a workers' compensation claim can be tricky, especially with the rise of social media.
Your social media activity can directly impact the outcome of your workers’ compensation claim. Insurance companies and employers often use social media posts to assess the legitimacy of a claim. A post that appears innocent to you could be twisted to suggest you're not as injured as you claim. Staying off social media can be one of the most important moves to protect your case.
While updating friends or family on your recovery or vent about your situation might be tempting, the risks far outweigh the benefits. Posts, photos, or even comments made by others could undermine your claim. Understanding these risks can save you from unnecessary complications during an already stressful time.
Why Social Media Matters to Workers' Compensation Cases
Social media plays a large role in workers' compensation cases because it offers insight into your life outside of work. Insurance adjusters and lawyers often monitor the online activity of claimants to find evidence that could dispute a claim. They may search for posts, pictures, or videos that show you engaging in physical activities that contradict your reported injuries.
Even a simple photo of you at a family event could be misinterpreted. For example, if you claim to have a back injury but are pictured smiling and standing for long periods, an adjuster might argue that your injury isn’t as severe as reported. They can take your posts out of context to raise questions about the validity of your claim, ultimately delaying or reducing the compensation you receive.
In workers’ compensation cases, the burden is on you to prove the extent of your injuries and how they impact your ability to work. Anything that casts doubt on your credibility, even unintentionally, can hurt your case. Avoiding social media helps prevent this from happening.
The Risks of Posting About Your Injury
Posting about your injury, medical appointments, or recovery on social media might seem harmless, but it can be dangerous to your workers’ comp claim.
For example, suppose you post about feeling better after a doctor's visit. In that case, an insurance adjuster might interpret this to mean you are ready to return to work sooner than expected. Similarly, a post expressing frustration or dissatisfaction with your employer or the workers' compensation process could be used to portray you in a negative light.
In some cases, insurance companies may argue that social media posts show evidence of exaggerating your symptoms or even malingering. Even innocent posts can be twisted to undermine your credibility. Protect yourself by avoiding any posts related to your injury or recovery while your claim is ongoing.
What You Can Do to Protect Your Claim
The best way to protect your workers' compensation claim from social media scrutiny is to stay offline until your case is resolved. If you must use social media, adjust your privacy settings to the highest level, but remember that privacy settings are not foolproof. Insurance companies may still gain access to your posts through mutual connections or by court order.
It’s also important to avoid commenting on or engaging with other people’s posts about your injury. Even an innocent reply to a friend could be taken out of context. If anyone tags you in a post that could be harmful to your case, ask them to remove it immediately.
Finally, always be mindful of how your online presence could affect your claim. Social media can have far-reaching consequences, and the safest option is to avoid it altogether while your workers' compensation claim is active.
Contact Us for Legal Assistance
Navigating a workers' compensation claim after an injury is stressful enough without the added complications of social media. If you're uncertain how your online activity might impact your case, consult with our experienced workers' compensation attorney in New Mexico at Michael J. Doyle, Attorney At Law.
For more information about us or to request a consultation, contact us today.