Surveillance and Social Media in Workers’ Compensation Cases

Legal Representation in Albuquerque from an Attorney You Can Trust

When you file a workers’ comp claim, the chances of being investigated for falsifying injury are very high, whether your activities are being monitored in person or online. The National Insurance Crime Bureau reports an estimated $7.2 billion in annual costs towards workers’ compensation fraud, making it an expensive problem for insurance companies.

Because of this, companies often hire investigators to watch people claiming workers’ comp benefits, hoping to find some sort of foul play.

However, if you have a right to your claim, it can be frustrating and stressful to have someone:

• Watching you perform your daily activities
• Tracking your comings and goings
• And even tracing your social media activity

To protect your rights and ensure you receive the benefits you are owed, contact Michael J. Doyle, Attorney At Law to find out what you can do if you are under surveillance. Our firm has the legal skills necessary to handle your case efficiently and successfully, providing you with the one-on-one attention we give to all of our clients.

For a free case evaluation regarding your workers’ comp claim, call our firm at (505) 219-2176 or contact us online today.

What Is the Point of Surveillance After Making a Workers' Compensation Claim?

Companies don’t always trust workers to be honest about their injuries and may suspect those claiming benefits of faking or exaggerating their grievances. In an effort to disprove a worker’s compensation claim, companies may hire a private investigator to watch the worker in question for any behavior that does not line up with his or her claims.

Surveillance may continue for days or weeks and is legal as long as the investigator does not trespass or invade anyone’s privacy. The investigator may snap photos of the worker doing anything that could be considered incriminating. For example, if a worker who claimed a back injury was lifting heavy boxes to and from his car, the investigator may capture photos to bring back to the employer.

The company could later use these photos as evidence of the worker’s false injury, thus undermining the workers’ claim. Sometimes photos may not be what they seem, and in these instances, it is vital that you have a strong lawyer on your side to uphold your rights and fight for your claim to workers’ compensation.

What Is Social Media Surveillance?

While old-fashioned surveillance is still a viable method for disproving compensation claims, with technology being as prevalent as it is sometimes an online search is all it takes for companies to find incriminating evidence. Injured workers receiving compensation benefits, or filing a compensation’ claim, need to be very cautious about what they put online, especially through social media sites.

Even if all settings are private, there is always a chance someone can find your posts or photos through mutual friends and other means. What may seem like a harmless check-in at the gym or a photo of you lounging at the beach could be taken very differently by someone looking to challenge your injury claim.

Most people seek to present their best selves on social media, so it can be difficult to refrain from posting about happier times or uplifting events when injured, but such posts can make your claim appear less valid.

When your ability to work has been impaired, or you have a debilitating and painful injury, vacation-like days or workouts at the gym are not very likely. For this reason, censoring what you post is essential when you are filing a claim or receiving workers’ comp benefits.

Workers’ Compensation Lawyer in Albuquerque

We understand how twisted the truth can become when someone is looking for a particular angle to win-out, which is why our legal team wants to help protect you from damaging surveillance.

Whether you have just begun filing your claim or you have been steadily receiving workers’ compensation benefits for months, it is essential that you beware of possible social media or in-person surveillance that could undermine your rights to compensation. If you know you are being monitored, or need help against fraud claims, our attorney can help.

Contact Michael J. Doyle, Attorney At Law by giving us a call at (505) 219-2176 for legal assistance with your workers’ compensation claim.