If you have filed a claim for worker’s compensation or if you are an employer who has had an employee file for worker’s comp, you may be aware that investigators will check out the facts surrounding the claim.
Workers’ compensation investigators ensure that the claims paid out by the insurance company are valid. There are certain techniques they use to ensure the integrity of the victim’s report, including in-person, video, and social media surveillance.
Video Surveillance
One of the most common techniques that worker’s compensation investigators use is video surveillance. They use this to ensure that your injuries are as severe as you claim.
Suppose you claim that you have fallen and suffered a herniated disk, making walking difficult. If the investigator films you lifting a 50-pound bag of dog food into your truck, the insurance company can challenge your claim.
In many cases, workers’ compensation investigators are waiting outside doctors’ offices to film claimants entering and leaving the property. For example, the person may be caught going in on crutches and walking out without them. Video surveillance is highly valuable when it comes to investigations.
If you have been hurt at work and need an advocate, contact a Los Angeles workers’ compensation fraud lawyer to defend your claim. A team of attorneys with decades of experience handling cases just like yours can make sure that your rights are protected throughout the investigation.
In-Person Surveillance
Investigators can also conduct in-person surveillance, interviewing your neighbors, co-workers, or friends. They can call your home or cell phone, wait outside on a public street or watch you from a distance.
They are also known to visit the victim’s workplace. The investigator can pose as a customer to observe your actions and make notes of your mobility.
Furthermore, if you are packing up your car with skis and gear to hit the slopes, they can make notes about your actions. When they talk to your neighbors, they don’t necessarily have to identify themselves as investigators.
If you see a strange car parked on your street near your home (likely with tinted windows) or feel like you’re being followed, you’re probably not paranoid. Investigators may go to great lengths to disguise their appearance.
Social Media and Online Surveillance
Social media kills many claims, as people get careless about what they post. If you have sued your employer and claimed that you can’t work because of your injuries, do not post pictures of yourself delivering packages, going hiking, or playing football with your kids.
Don’t go online talking about how you love tackling home improvement projects like building your deck, fixing your roof, or digging a pond. Make your social media settings private, be wary of any new friend requests from people you don’t know, and be careful about what you post online.
Remember that some posts can be viewed by friends of your friends. Investigators may add your friends on social media to access your posts. It is best to stay off social media until your case is closed.
What Investigators Cannot Do
Worker’s compensation investigators cannot trespass on private property. They can’t, for example, pretend to deliver a package to you and snap a photo of you when you open the door. They can’t come into your workplace if it is a private building.
They can, however, follow you if you work at a retail store or in another place that is open to the public. They can’t physically touch you, use fake names or break the law. If you feel that a worker’s compensation investigator is breaking the law, discuss this with your attorney.
What You Should Do Following Your Claim
After you have made your claim, it is best to focus on your recovery. Go to your regular doctor’s appointments, follow the doctor’s instructions, and don’t overdo it. What you do in the weeks and months following your claim will have a huge bearing on your worker’s compensation settlement.
Author: With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.