Avoiding Workers’ Comp Surveillance: Essential Strategies to Protect Your Claim

Here are some of the most common surveillance tactics workers comp investigators use and what you can do to protect your workers’ comp claim.

---

Workers’ compensation claims can sometimes trigger a series of investigative actions from insurers to verify the authenticity of the injury claims. Among these actions, surveillance is a common tactic employed to gather evidence that could potentially dispute the severity or existence of an injury. Understanding and anticipating these surveillance tactics is crucial in safeguarding your workers’ comp claim. Let’s discuss some of the most common surveillance tactics workers comp investigators use and how to protect your claim.

Understanding Surveillance Tactics

1. Online Surveillance

In the digital age, online activity has become a goldmine for investigators. Social media platforms like Facebook, Instagram, TikTok, and LinkedIn are scrutinized for any content that might contradict the claimed injuries. A seemingly innocent post of you engaging in physical activity could undermine your claim, particularly if it contradicts the nature of your reported injuries. The golden rule here is to maintain a low profile online; if you’re amidst a workers’ comp claim, consider pausing your social media activity to prevent any misinterpretations of your physical capabilities.

2. Video Surveillance

The lens of a video camera can capture more than just moments; it can capture disputes to your claim. Workers’ comp investigators employ video surveillance to document activities that suggest your injuries are not as limiting as claimed. These investigators often operate outside typical working hours, capturing footage during moments you might least expect – like a weekend family outing or an evening walk. It’s crucial to be consistently mindful of your actions and surroundings, ensuring they align with the limitations set forth by your injury.

3. Direct Contact

Direct interaction is a more personal approach used by investigators. They might engage you in conversation under the guise of casual or friendly inquiry, all the while seeking statements that could be used to challenge your claim. It is wise to limit discussions about your injury or claim to formal settings or in the presence of your attorney, safeguarding against inadvertent disclosures that could be detrimental.

4. Interviewing Your Network

Your circle of acquaintances – including family, friends, and co-workers – might also be approached by investigators seeking insights into your injury and daily activities. Such inquiries aim to uncover inconsistencies or exaggerations in your claim. Educating your close contacts about the potential for such interactions and advising discretion can be a protective measure.

Why Do Workers’ Comp Insurance Companies Conduct Surveillance?

The underlying motive for these investigative efforts typically stems from insurers’ suspicions about the veracity of injury claims. This could be due to doubts about the severity of the injury, suspicions of fraudulent claims, or indications of the claimant engaging in unauthorized work.

While being under surveillance might seem intrusive, it’s crucial to note that such practices are legal within Missouri’s jurisdiction. However, there are boundaries; investigators are prohibited from recording private conversations, trespassing on personal property, or engaging in harassment.

Navigating Surveillance With Legal Guidance

Do you suspect the workers’ comp insurer has hired a private investigator to monitor your activities? Speak with an experienced St. Louis workers compensation attorney at the Law Office of James M Hoffmann. We can evaluate your case for free and help you determine your legal rights and how you can best protect them.