Understand private investigator tactics in workers’ comp claims and how to avoid mistakes that could hurt your case.
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You filed a workers’ compensation claim because you were hurt on the job. But now you’re starting to feel watched. Maybe you noticed a strange car parked near your house. Maybe a neighbor mentioned someone was asking about you. Or maybe you just have a gut feeling that something’s not right.
It’s not paranoia—workers’ comp surveillance is real. Insurance companies frequently hire private investigators to watch injured workers and look for evidence they can use to deny or reduce benefits.
In this guide, we’ll cover:
- Why investigators are used in workers’ comp claims
- What tactics they use (and what’s legal)
- Red flags that suggest you’re being watched
- How to protect your rights and avoid damaging your case
Why Do Workers’ Comp Insurers Use Investigators?
When you file a workers’ compensation claim, the insurance company becomes financially responsible for:
- Your medical treatment
- Your lost wages
- Possible settlement payouts
So it’s no surprise that they want to pay as little as possible. To do this, insurers often look for “evidence” that your injury isn’t as bad as you claim.
That’s where investigators come in. Their goal is simple: catch you doing something that contradicts your reported injuries or restrictions.
Common Tactics Investigators Use
1. Surveillance at Home
Investigators may park nearby and observe your daily activities:
- Are you walking without a limp?
- Are you lifting groceries?
- Are you mowing the lawn or playing with your kids?
They’ll take photos or video footage from public property—usually over multiple days to build a case.
2. Social Media Monitoring
Even if your accounts are private, investigators may:
- Monitor your public posts, photos, and check-ins
- Track your friends’ or family’s profiles
- Screenshot anything that contradicts your claim
Tip: Assume anything you post online can—and will—be used against you.
3. Speaking With Neighbors or Co-Workers
Investigators might knock on doors and casually ask about you:
- “Have you seen them outside lately?”
- “Are they back to work?”
- “They mentioned they were injured?”
Many people share information unknowingly, thinking it’s harmless.
4. Following You in Public
Surveillance may include:
- Following you to stores, doctor appointments, or errands
- Recording you lifting, carrying, driving, or engaging in recreational activities
They’re looking for moments that suggest you’re not as limited as you say.
Is Workers’ Comp Surveillance Legal?
Yes—but with limits.
✅ Legal:
- Taking photos/video in public spaces
- Watching your house from a public street
- Reviewing public records and social media
❌ Illegal:
- Trespassing on your property
- Installing hidden cameras
- Recording through windows
- Hacking social media accounts
- Deceiving you into providing false information
If an investigator crosses the line, it could violate your rights—and even strengthen your case.
How to Tell If You’re Being Watched
Here are some signs that surveillance might be happening:
- Unfamiliar cars parked near your home for hours
- People loitering with cameras or phones
- A neighbor mentions someone asking about you
- Increased friend requests or follows on social media
- Coincidental run-ins in stores or parking lots
Surveillance often ramps up:
- After filing a claim
- Before important medical evaluations (IME)
- Leading up to a court date or settlement negotiation
How to Protect Your Workers’ Comp Case
1. Follow Your Medical Restrictions Exactly
If your doctor says “no lifting over 10 lbs,” don’t lift 11—even for a second. Surveillance only needs a few seconds of footage to damage your credibility.
2. Avoid Physical Tasks in Public
Even if you feel okay for a moment, don’t:
- Take out heavy trash bags
- Shovel snow or mow the lawn
- Help someone move furniture
These actions can be twisted to suggest your injury is fake or exaggerated.
3. Be Cautious Online
- Don’t post photos of vacations, activities, or parties.
- Avoid discussing your injury, case, or employer.
- Don’t let friends tag you in potentially misleading posts.
Even private accounts aren’t truly private when you’re in a claim.
4. Tell Close Family & Friends
Make sure your household and close circle know:
- You’re in an active claim
- What your restrictions are
- Not to speak to strangers or post about your condition
What If Surveillance Footage Exists?
If an investigator captured footage they think contradicts your claim, the insurance company may:
- Deny your claim outright
- Reduce or terminate your benefits
- Use the footage in court or settlement negotiations
However, an experienced workers’ comp attorney can often challenge surveillance’s context, timing, and accuracy. Many seemingly “damaging” videos fall apart under legal scrutiny.
Why Choose the Law Office of James M. Hoffmann?
We’ve seen nearly every tactic insurance companies use to discredit injured workers. And we don’t let them get away with it.
With over 30 years of experience and $100 million+ recovered, we know how to:
- Counteract surveillance tactics
- Protect your privacy and legal rights
- Present your case clearly and truthfully
- Secure the full benefits you’re entitled to
We believe in aggressively defending our clients—especially when insurers cross the line.
30 YEARS EXPERIENCE
OVER $100 MILLION COLLECTED
ONLY WORK COMP
I don't like insurance companies and only represent the injured. I am not a large advertising law firm that settles cheap to meet monthly quotas. We fight hard for every client. The compensation we obtain for the injured is both federal and state tax free. We never ask our clients for a penny as all cases are handled on a contingency fee.
James Hoffmann
314 361 4300
[email protected]
FYI. There are a lot of TV ads and billboards claiming "bigger is better." That is not true. Some of those firms are from out of state and simply hired a few attorneys here in Missouri. And, always remember, quality over quantity. One good trial attorney is way better that 100 average attorneys who only settle cases to meet monthly quotas to pay the millions in advertising fees.
Law Office of James M Hoffmann LLC
Jim Hoffmann
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
God bless, love and hugs
Jim
Fighting for the injured.
James Hoffmann
Your Missouri car accident and workers comp lawyer
314 361 4300
[email protected]
Proud to fight for the injured.
Law Office of James M Hoffmann
2001 S. Hanley suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
James Hoffmann
St. Louis, Mo work comp and car accident lawyer
314 361 4300
Law Office of James M Hoffmann
314 361 4300
[email protected]
Law Office of James M Hoffmann
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
Your Missouri car accident and workers compensation attorney
The LIRC in Nouraie v. MO. Baptist Medical Center et al, Injury No.: 10-111746, March 13, 2013, sanctioned the employer for refusing medical care in connection with a repetitive use claim. The Employer obtained an expert long after the wrongful denial of benefits. This did not justify the prior wrongful denial. The LIRC explained:
“In any event, whether an employer has sent a worker for a medical examination prior to denying a claim is a factor for our consideration in determining whether an employer had reasonable grounds for denying a claim.”
The LIRC in Nouraie also explained:
“The courts have instructed us we are only to award such costs “where the issue is clear and the offense egregious.” Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240, 250-251 (Mo. 2003). We think it is clear that employers have an obligation to investigate the circumstances giving rise to alleged work injuries before denying benefits. And where the worker is available to discuss the injury, we think any reasonable employer conducting an investigation designed to determine whether an injury is work-related would discuss the alleged injury with the worker. In the instant case, Ms. Bequette, as employer's agent, denied evaluation, treatment and benefits to employee without even discussing employee's alleged back condition with employee. We think employer's act of denying workers' compensation benefits to employee before even discussing the alleged injury with employee constituted an egregious offense. Based upon the forgoing, we find employer defended this claim at the outset without reasonable ground.”
Merry Christmas.
James Hoffmann, Missouri work comp and auto accident attorney
314 361 4300
[email protected]
Claimant, a full-time carpenter for Employer, developed low back pain in September of 2017 making cabinets and displays for the Employer. Claimant’s job is physically demanding. Cabinets and displays can range from 60 to 500 lbs. Claimant job duties include lifting displays weighing up to 500 hundred pounds during the assembly process. Carts, each with 100 lbs of materials, are brought to Claimant who must lift the materials from each cart and assemble same. In October 2017, Claimant’s job duties caused his low back soreness to become severe pain with numbness down his right leg. At the final hearing, the Employer/Insurer produced no evidence of non-work activities that could have caused, or did cause, Claimant’s low back pain.
When Claimant’s low back pain became severe in Oct. 2017, he sought treatment with a chiropractor, Dr. Lynch, on 10/17/20217. Claimant then, on 10/23/2017, reported to Employer a repetitive use work injury to his low back. He went sent to Concentra by the Employer but left due to delays in providing immediate treatment as he had severe pain and radiculopathy. He went immediately to an urgent care and returned to work with a light duty slip for 6 weeks for which the Employer complied.
Despite asking the Employer for additional treatment during the next few months, none was offered. He kept the Employer informed of the treatment he was receiving on his own. IN December 2017, Claimant contacted attorney James Hoffmann who instructed Claimant to hand deliver a letter to the Employer making a written demand for treatment. Claimant delivered the letter in December 2017. At the hearing, Employer presented no evidence that it disputed the contents of the letter.
Immediately after receiving the letter, the Employer contacted the Insurer which then sent medical authorizations to Claimant who signed and immediately returned same to the Insurer. The Insurer then obtained a statement from Claimant in Dec. 2017 where Claimant informed the adjuster of a repetitive use low back injury at work and need for treatment.
After 6 weeks of light duty, Employer requested another light duty slip which Claimant provided.
Claimant continued to work light duty until Feb. 15, 2018, when Employer informed Claimant there was no more light duty and sent Claimant home. In the meantime, neither the Employer nor the Insurer offered treatment. The Employer’s attorney was aware of Claimant’s treatment as he was sending copies of Claimant’s medical records to Claimant’s attorney received via the authorizations signed by Claimant.
In Feb. 2018, Claimant’s attorney obtained a medical report from Dr. Armond Levy who related lumbar disc herniations and the necessity of surgery to Claimant’s work for Employer. Several demands were sent IN Feb. 2018 to the Employer for the surgery recommended by Dr. Levy and for TTD. At the hearing, Employer presented no evidence of any response to the demands for treatment and TTD made by Claimant’s attorney in February 2018.
Claimant then underwent 2 surgeries on his own for his low back, the first being in March 2018 and the second in August 2018. During that time, no TTD or treatment was offered. When Claimant returned to work in November 2018, after recovering from the second surgery, he was informed by the Employer that he was fired.
The Employer eventually sent Claimant to a physician, Dr. Bernardi, in November 2018, who is of the opinion that a person cannot suffer a repetitive use herniated disc. It is his opinion that herniated discs can only acute, and that any degenerative changes in the low back are genetic and cannot be caused by repetitive use occupations. In other words, Employer sent Claimant to a doctor who disagrees with Missouri law which specifically recognizes and accepts repetitive use injuries. Claimant had zero chance of a favorable opinion from Dr. Bernardi
This is the lawyer you want to hire! Just read the reviews. It is all true. Incredible! He will get you every dollar of lost wages, get you every ounce of medical treatment, and get you the highest possible award from the Division of Workers Compensation.
Law Office of James M. Hoffmann
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
Your Missouri workers comp and car accident attorney.
James Hoffmann
314 361 4300
[email protected]
Law Office of James Hoffmann
314 361 4300
[email protected]
James Hoffmann
attorney
St. Louis workers comp and car accident lawyer
314 361 4300
[email protected]
Law Office of James Hoffmann
St. Louis personal injury and work comp lawyer.
314 361 4300
[email protected]
Per Tillotson v. St. Joseph Med. Ctr., 347 S.W. 3d 511 (Mo. App. W.D. 2011) to determine need for treatment, surgery, and treatment after surgery. Treatment need only be reasonably required to cure and relieve the effects of the injury. Id. Section 287.140.1 RSMo states in pertinent part that the Employer shall provide such medical as may “reasonably be required.
To be entitled to future medical care the employee must establish that there is a reasonable probability that he will need future medical care. Forshee v. Landmark Exc. & Equip., 165 S.W. 3d 533 (Mo.App. E.D. 2005) An [Employee] does not have to provide evidence of specific medical treatments or procedures which will be necessary in the future in order to receive an award of future medical care. See Chatmon v. St. Charles County Ambulance, 55 S.W.3d 451, 459 (Mo.App. E.D. 2001).
Employee has already satisfied the burden of proving a compensable injury. Here, defense's authorized Dr. Spears on 4/26/2010 opined "if she doesn't get improvement in her radicular pain, then the next step is going to be a microscopic transforaminal lumbar interbody fusion to remove the foraminal stenosis." He went on to state the January 2010 incident was a "fall (that) aggravated significantly a pre-existing condition". This is enough under Tillotson, Forshee, and, Chatmon (supra) to award further treatment.
Please also see Maness v. City of De Soto, 421 S.W.3d 532 (Mo. App. 2014). The court rejects Employer's contention that the mere existence of degenerative disc disease in the cervical spine and neck symptoms prior to the work accident requires a determination that Claimant's injury is not compensable.
See also the following in support:
If the evidence establishes that an accident caused a
disability or aggravated a preexisting condition or infirmity of an employee,
which produces a condition that would not have resulted in a normal, healthy
individual, an award is authorized. Fogelsong v. Banquet Foods Corp. 526
S.W.2d 886 (Mo. App., K.C.D. 1975)
An aggravation of an existing infirmity caused by an accident or occupational
exposure arising out of and in the course of employment is compensable under
Chapter 287, RSMo, even if the particular accident (occupational injury) would
not have produced such result in a normal and healthy individual. Mashburn v.
Chevrolet-Kansas City Division, General Motors Corp., 397 S.W.2d 23 (Mo.
App., K.C.D. 1965)
Law Office of James M. Hoffmann
2001 S. Hanley
St. Louis, MO 63144
314 361 4300
[email protected]
James M Hoffmann, attorney
2001 S. Hanley, suite 325
St. Louis, MO 63144
314 361 4300
[email protected]
I see this all the time with neck injuries, low back injuries, disc herniations, rotator cuff tears, meniscus tears: doctors do surgery under workmans comp and then blame ongoing pain on a made up pre-existing condition.
James Hoffmann
Your Missouri workers comp and car accident attorney
314 361 4300
[email protected]
Law Office of James M. Hoffmann
St. Louis, MO car accident and workers compensation lawyer
314 361 4300
Glad to fight for the injured worker in Missouri.
Law Office of James M. Hoffmann
St. Louis, Missouri workers comp, car accident, injury attorney.
314 361 4300
[email protected]
These reviews are correct. This attorney is incredible. He knows workmans compensation, fights for denied treatment and wages, and gets your on the job injury rated by the best doctors. I will be using him from here on our great experience.
It does not take a large law firm to fight an insurance company. It takes a good lawyer. There's a reason why injured insurance adjusters and injured insurance doctors call me to represent them. They know I fight and will not back down.
Law Office of James M. Hoffmann
St. Louis, MO workers comp and auto accident attorney
314 361 4300
[email protected]
The Law Office of James M Hoffmann was referred to me from a previous client, that was extremely impressed, with his service and outcome.
I met with Jim Hoffmann to discuss a car accident. Three cars were involved, my car was totaled, and I was seriously injured. After meeting with Jim the very first time, I immediately felt comfortable, and knew that he would have my back, and would fight for me.
Throughout my journey, I dealt with a lot of pain and several issues that lasted for years. During this time I had to contact Jim and Jamie (Jim’s wonderful assistant) many times. Every time I sent an email with questions, I received feedback extremely quickly!
I feel Jim negotiated a great settlement for me!
The Law Office of James Hoffman will be the first place I contact if I ever need his help again!
Suzanne Charles
James Hoffmann
St. Louis, MO auto accident and workers compensation lawyer
314 361 4300
Glad to fight for the injured Missouri worker and those injured on car accidents.
James Hoffmann
Missouri personal injury attorney
314 361 4300
[email protected],
Jim Hoffmann
Missouri workers compensation and car accident attorney
314 361 4300
St. Louis, MO
Compensation? Get this lawyer. Simply better than all the rest.
James Hoffmann
314 361 4300
[email protected]
James Hoffmann
Missouri workers compensation and auto accident lawyer
314 361 4300
[email protected]
Law Office of James M. Hoffmann
314 361 4300
James Hoffmann, attorney
314 361 4300
[email protected]
Gold bless
James Hoffmann, attorney
314 361 4300
Law Office of James M Hoffmann
St. louis, MO injury attorney
314 361 4300
James Hoffmann
Missouri personal injury and workers comp lawyer.
314 361 4300
Jim Hoffmann
St. Louis injury attorney
314 361 4300
Thanks
Law Office of James M Hoffmann
314 361 4300
Don’t Let Surveillance Scare You
Surveillance is usually a scare tactic if you’re doing everything by the book. But you still need to be cautious and aware of your rights. Even innocent actions can be taken out of context.
Play it safe. Stay within your restrictions. And speak with an attorney the moment you suspect you’re being watched.
📞 Call for a Free Case Review
Call the Law Office of James M. Hoffmann at (314) 361-4300 or schedule a free consultation if you think you’re under surveillance or your benefits are being threatened. We’ll help you protect your claim, privacy, and peace of mind.