The Role of Surveillance in Workers’ Compensation Investigations
Insurance companies may use surveillance during a workers’ compensation claim to investigate whether an injured worker’s activities are consistent with their reported injuries and medical restrictions. This can include public observation, photographs, video recordings, and social media monitoring, which is why it’s important to follow your doctor’s recommendations and be mindful of what you post online.
Employees are entitled to wage loss and medical coverage for injuries that occur on the job. If your claim is accepted or you are in active litigation, the employer or insurance company may hire surveillance companies to check in with you. The surveillance companies are generally paid to follow you around for a few days and conduct a social media/internet investigation to see what you are up to. The purpose is to catch you potentially doing something outside of your doctors’ orders or doing something over and above what you said you could do, i.e., lifting more than 20 pounds. A social media investigation could reveal that you went on vacation with friends or spent the morning at the gym doing squats. Be careful what you are doing in public and be careful what you post. It can and will be used against you.
Can I be placed under surveillance?
Short answer: yes. Although it may seem like an incredible invasion of privacy, insurance companies can place you under surveillance when you file a workers’ compensation claim. This means they can have someone follow and monitor you throughout the case. Surveillance is allowed in workers’ compensation cases because of a Pennsylvania Supreme Court case in 1963 where the Supreme Court determined that when you file a worker’s compensation claim, it is reasonable to assume you know you might be investigated regarding that claim. Companies typically hire private investigators, and if they’re good at their job, you most likely won’t know you’re under surveillance.
Don’t worry…there are limits to how intrusive this surveillance can be. Under Pennsylvania law, companies cannot:
- Come onto your private property
- Take photos or videos through windows or openings into private places
- Place audio or video surveillance equipment in or on private property
- Conduct surveillance of private electronic devices
- Harass you in any way
- Anything illegal
Investigators can:
- Call you and your family members for interviews
- Interview your neighbors, coworkers, and others
- Track your movements while respecting your space
- Take photos and videos in public spaces, including places of worship
- Keep a record of what you do publicly for considerable periods of time
What are the investigators looking for?
Investigators conducting workers’ compensation surveillance usually hope to catch you doing something against your doctor’s orders or doing something you said you could not do. Video evidence can be used to argue that you are exaggerating the severity of your injuries. Judges are aware that these videos are taken without context. However, your employer can still introduce footage during trial and change your case’s tide.
Investigators look to take photos and videos that they can give to the judge. To do so, there are requirements for the pictures and videos. The video or photo must include the following:
- A clear image of the injured worker
- No evidence of tampering, illegality, or entrapment
- Timestamps providing a time and date
- Proof of where the photo or video was taken
- Proof of the investigator’s experience, license, and professional reputation
What role can social media play in surveillance?
Employers and their insurance companies can monitor social media, so be careful what you post. Sometimes, social media images can be misconstrued or misdated by companies to make it seem like you’re lying about your injury. Make sure that your friends and family are aware of this potential monitoring. If they can avoid posting you, they should.
What do I do if I am under surveillance?
If you believe you are under surveillance, don’t panic! The investigator is likely just trying to capture footage of you doing something outside your doctor’s restrictions or doing something you said you could not do. Be careful what you do in public. Remember that investigators can misconstrue your actions; a single photo without context can be incredibly harmful to your claim.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you have been injured at work and believe the insurance company is conducting surveillance, it is important to understand your rights. Being followed by a private investigator or having your social media monitored does not automatically mean your workers’ compensation claim will be denied, but the evidence they gather could be used against you.
At Stern & Cohen, our Philadelphia workers’ compensation lawyers help injured workers navigate every stage of the claims process, including surveillance investigations, medical examinations, denied claims, and return-to-work issues. We represent injured workers throughout Philadelphia and across Pennsylvania.
If you have questions about workers’ compensation surveillance or are worried about how an insurance company’s investigation could affect your case, contact Stern & Cohen for a free consultation. We’re here to help you protect your rights and the benefits you deserve.
FAQs
Can an insurance company hire a private investigator during my workers' compensation claim?
Yes. In Pennsylvania, insurance companies may hire private investigators to conduct surveillance of injured workers while a workers’ compensation claim is pending. Their goal is often to determine whether your activities are consistent with your reported injuries and medical restrictions.
Is workers' compensation surveillance legal in Pennsylvania?
Yes. Surveillance is generally legal as long as investigators follow the law. They may observe and photograph you in public places, but they cannot trespass onto your private property, secretly record you inside your home, or engage in illegal or harassing conduct.
Can the insurance company monitor my social media?
Yes. Insurance companies and their investigators may review publicly available social media posts, photos, and videos as part of a workers’ compensation investigation. Even posts that seem harmless can be taken out of context and used to challenge your claim, so it is important to be cautious about what you share online while your case is pending.
What are investigators looking for during workers' compensation surveillance?
Investigators typically look for evidence that an injured worker is performing activities that appear inconsistent with their reported injuries or medical restrictions. For example, they may try to document heavy lifting, strenuous exercise, or other physical activities that could be used to argue the worker is less injured than claimed.