Can The Insurance Company Conduct Surveillance On Me After A Workers’ Comp Claim?
Yes, insurance companies may conduct surveillance after a workers’ compensation claim is filed. In Pennsylvania, surveillance can include video monitoring in public places and reviews of social media activity to evaluate an injured worker’s reported limitations. While surveillance is generally legal, it does not change your right to benefits if you are following your medical restrictions and being truthful about your condition.
Workers’ Compensation Surveillance in Pennsylvania
One of the most common questions injured workers ask is whether the workers’ compensation insurance company can watch them after a workplace injury.
The answer is yes.
Insurance companies have the right to investigate Pennsylvania workers’ compensation claims and may use surveillance to evaluate whether an injured worker’s activities are consistent with their reported injuries, medical treatment, and work restrictions.
While surveillance can feel intimidating, understanding how it works can help injured workers protect their workers’ compensation benefits and avoid unnecessary stress during a claim.
Video Surveillance After a Work Injury
The most common type of workers’ compensation surveillance is video surveillance.
In Pennsylvania, investigators can generally record activities that take place in public areas where there is no reasonable expectation of privacy. This may include activities such as:
- Driving
- Shopping
- Walking in public places
- Yard work visible from a public area
- Attending public events
Insurance company investigators may also record an injured worker entering or leaving their home or performing activities visible from public property.
However, investigators generally cannot record someone inside their home or in other private areas where there is a reasonable expectation of privacy.
Social Media and Workers’ Compensation Claims
Social media has become an important tool for workers’ compensation insurance companies.
Investigators often review publicly available content on platforms such as Facebook, Instagram, TikTok, X, and LinkedIn when evaluating a Pennsylvania workers’ compensation claim.
Even innocent posts can create problems if they are taken out of context. A photo, video, or comment may be used to argue that an injured worker is more physically capable than they have reported.
For that reason, injured workers should be cautious about what they post online while a workers’ compensation claim is pending. It is also wise to avoid accepting friend or follow requests from people you do not know.
Working While Receiving Workers’ Compensation Benefits
Working while receiving workers’ compensation benefits is not always prohibited.
Some injured workers return to modified-duty jobs or receive partial disability benefits while continuing to work in a limited capacity.
However, failing to report earnings or misrepresenting your work status can seriously damage a workers’ compensation claim. Insurance companies may use surveillance evidence to challenge benefits if they believe a worker is earning income that has not been disclosed.
Fortunately, situations involving intentional workers’ compensation fraud are uncommon. Most injured workers are simply trying to recover from a workplace injury and return to work when medically able.
How Surveillance Can Affect Your Workers’ Compensation Case
Surveillance footage does not automatically prove that an injured worker can return to work.
A person may be capable of performing everyday activities while still being unable to perform the physical demands of their pre-injury job. Workers’ compensation judges typically review surveillance evidence alongside medical records, physician opinions, and other evidence before making a decision.
The best way to protect a Pennsylvania workers’ compensation claim is to be honest about your symptoms, follow your doctor’s restrictions, attend medical appointments, and accurately report any work activity or earnings.
Talk to a Philadelphia Workers’ Compensation Lawyer
If you have been injured at work and have questions about workers’ compensation surveillance, social media investigations, or your benefits, Stern & Cohen can help.
Our Philadelphia workers’ compensation lawyers represent injured workers throughout Pennsylvania and can help protect your rights throughout the claims process. Contact Stern & Cohen today for a free consultation.
FAQs
Can an insurance company record me in public while I am receiving workers' compensation?
Yes. Insurance companies may hire investigators to conduct surveillance in public places. Activities performed in public view may be recorded and potentially used as evidence in a Pennsylvania workers’ compensation case.
Can insurance companies look at my social media accounts?
Yes. Insurance companies frequently review social media activity when investigating workers’ compensation claims. Photos, videos, comments, and other posts may be used to challenge an injured worker’s reported limitations.
Can workers' compensation benefits be stopped because of surveillance?
Potentially. If surveillance evidence appears inconsistent with an injured worker’s medical restrictions or reported limitations, the insurance company may use that evidence to challenge ongoing benefits. However, surveillance is only one piece of evidence considered in a workers’ compensation case.
Can surveillance inside my home be used in a workers' compensation case?
Generally, no. Injured workers typically have a reasonable expectation of privacy inside their homes. Surveillance is usually limited to activities that occur in public places or other areas where there is no expectation of privacy.