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Being under surveillance is a possibility in any workers’ comp case.

Will I Be Followed By a Workers’ Compensation Investigator?

If you have filed a workers’ compensation claim in California, there is a possibility that the insurance company will hire an investigator to perform surveillance on you. The goal of this investigation is simple: to find out if you really have the injury or illness that you have claimed.

According to a California workers’ compensation attorney, this type of surveillance is generally legal. However, there are certain lines that investigators cannot cross. If you believe that you are under investigation, there are steps that you can take to protect yourself and your claim.

A private investigator may use a number of tactics designed to figure out if you are exaggerating your injuries or illness or if you are flat-out committing workers’ compensation fraud. This may include:

  • Online Surveillance: an investigator may monitor your social media to see what you post, what you like, and even your comments and check-ins. Because anything posted on social media could be used against you in this way, be very careful about anything that you post on social media while your claim is pending.
  • Direct Contact: you may be called at home or on your cell phone.
  • Video and Photographic Surveillance: investigators may watch your house and your comings and goings, taking videos and photos of you as you go about your day-to-day life. If you do anything that seems to be outside of doctor’s orders, then it could be used against you. For example, if you claim to have a back injury but are seen doing strenuous yard work, pictures and videos of your activity could be shown as proof that you are not as injured as you claim to be.
  • Direct Surveillance: an investigator may follow you as you go about your daily life, and may or may not take pictures and video.
  • Interviews: your friends, family, and neighbors may be interviewed by investigators regarding your disability.

This type of surveillance feels intrusive, because it IS — and you will likely feel like it is a massive invasion of privacy if someone is following you, taking your picture, or even watching what you do online. However, as a California workers’ compensation attorney can explain, most of this is perfectly legal.

Generally, when you are in a public space, a private investigator can take pictures and videos of you. As long as an investigator does not trespass onto private property to take your picture or videotape you, then they will be within the law. If you are in your front yard trimming trees, the investigator can take pictures of you — but he can’t scale a fence to take pictures of you doing the same.

If you have filed a workers’ compensation claim, an insurance company may investigate every aspect of your life. Having a California workers’ compensation attorney can help to protect you from some of this. At PLBH, we work with our clients to help them achieve the best possible outcome for their workers’ compensation claims. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation.