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How Social Media Can Negatively Impact Your Workers’ Comp Claim


While there isn’t necessarily anything wrong with being active on social media, it’s best to tread carefully with social media while pursuing your workers’ comp claim.

Most people can hardly go a day without login into their favorite social media platforms. That’s why Facebook attracts a staggering 2.89 billion monthly active users (MAU). While there’s certainly nothing wrong with being active on social media, it’s best to tread carefully with social media while pursuing your workers’ comp claim.

Let’s consider a few ways social media can negatively affect your workers’ comp claim.

injured worker using social media on cell phone

Everything You Post Can Be Used Against You

Courts are well aware of the influence social media can have on legal proceedings. In fact, some legal experts term social media as an “unrivaled” source of evidence. That’s right; social media posts from you or your friends can generally be used as evidence. However, unfortunately, in most cases, they end up hurting your case rather than helping it.

A good example is if you suffered a concussion, but pictures on social media show you enjoying day-to-day activities. Although the photos might not paint the actual picture, it’s easy for a jury to think you lied about the concussion or any other injury.

Insurance Investigators are Watching

Fraudulent workers’ comp claims are pretty common in Missouri. That’s why insurance companies often hire investigators to perform diligent investigations on workers’ comp claimants.

Keep in mind that investigators pull out all the stops to investigate the validity of your claim.

Even if you make your profile private, investigators may find a way to circumvent the privacy settings. Additionally, they’re likely to exaggerate anything that even remotely shows that you were not injured or as severely injured as previously thought. They’ll use anything they can find to downplay your injuries.

That said, it’s essential to keep the following in mind while pursuing your workers’ comp claim:

  • Don’t post anything that shows you actively engaging in physical activity during your claim.
  • Don’t post pictures that show evidence of you engaging in an ongoing home improvement project.
  • Avoid posting anything that shows you were on vacation at the time you were supposed to be recovering from an injury.

Doing any of the above could significantly ruin your chances of getting fair compensation. To be on the safe side, consider staying off social media or not posting anything at all.

The Insurer Has Social Media Evidence Against You: What Now?

Don’t panic if the insurance company has collected “social media evidence” that could ruin your claim. There are plenty of things you can do to make sure social media doesn’t negatively impact your case. Here are general things you may consider:

  • If you haven’t already done so, speak with an experienced St. Louis workers’ comp attorney to help you fight any evidence the insurance company may have against you. 
  • Avoid deleting posts, or the court may consider it as evidence tampering.
  • Turn all privacy settings on for maximum privacy.
  • Avoid posting on social media as much as you can.

As you can see, there’s a big chance that social media could hurt your chances of getting a fair workers’ comp settlement. So use social media carefully to ensure it won’t work to the detriment of your claim.

St. Louis Workers Compensation Lawyers

If you have been injured on the job, speak with an experienced St. Louis workers compensation attorney at the Law Office of James M. Hoffmann. Give us a call 24/7 for a free case evaluation.

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