Should You Expect A Workers Comp Surveillance After Settlement?

When you file a workers’ comp claim, it’s natural for the insurance company to want to know if you’re telling the truth. The insurance company must pay your benefits if your case is airtight, and they have no reason to question your claim.

But sometimes, the insurance company sees something that makes them doubt your claim. Or they just want to avoid paying you to ensure your claim is denied. Either way, they will hire a workers comp investigator to follow you.

Workers comp investigators are, in essence, insurance investigators. It’s just that they specialize in workers’ comp claims. The insurance company hires them to check if the claimant is injured. However, since these companies employ them, they primarily aim to gather evidence to disprove your claim.

However, not all workers comp claims require the services of a workers comp investigator. Hiring them can be costly for the insurance company. So they’re usually just deployed if

• the claim involves a large sum
• the employee has filed workers comp claims before
• the employee’s injury claim is doubtful
• the claim is taken to court

WHY WORKERS COMP CLAIMS ARE INVESTIGATED

It’s no secret that workers’ compensation is often abused by people who want to take advantage of the system. This, in turn, takes away benefits from those who rightfully deserve it. So you can’t blame the insurance company or the state if they just can’t take your word for it.

If the insurance company finds out you’re lying in your claim, you can be charged with workers’ comp fraud. The punishment for this differs from state to state. But generally includes jail time, penalties, and restitution to the employer or insurance company.

TACTICS OFTEN USED BY A WORKERS COMP INVESTIGATOR

A workers comp investigator uses almost every trick in the book to do their job. But some of their most common methods are:

INTERVIEWING YOUR NEIGHBORS AND FAMILY MEMBERS

If there are people who may know anything about your injury and health condition, it’s your neighbors and family members. So they’re usually a workers’ comp investigator’s primary source of information.

So, if you’re curious whether a workers comp investigator is after you, ask your family and neighbors if someone’s been asking about you recently.

SOCIAL MEDIA MONITORING

In this digital age, if you want to know anything about anyone, you’ll just have to search for them on social media. With just a few clicks, your workers’ comp investigator will see where you went on holiday, what you did yesterday, or who you’ve been with. It’s a goldmine of information that can be used against you.

Unfortunately, there is no way to know if you are being investigated on social media.

VIDEO SURVEILLANCE

Aside from checking your social media and talking to your friends and family, they may also use video surveillance to spy on you. Unfortunately, there isn’t yet any law that protects your right to privacy against public surveillance cameras. So yes, they can legally use CCTV footage or even film you in public places.

Like social media monitoring, it’s difficult to determine if someone is secretly filming you in public. Plus, you have no control over who gets a copy of the CCTV footage, especially if it’s from a private establishment.

DIRECT INTERVIEW

Sometimes, the workers’ comp investigator will call you directly and ask for information. They may ask you how you’re feeling or if you’ve been to the doctor recently. If they call your home phone and you’re not at home, they may still attempt to get information from whoever will answer it.

WHAT ARE YOU ALLOWED TO DO WHILE ON WORKERS’ COMP INVESTIGATION

If you’ve determined that a workers comp investigator is on your tail, here are some things you can do:

TALK TO YOUR LAWYER

Fighting for your workers’ comp benefits and knowing that you’re under surveillance can be nerve-wracking. Even if you’re not hiding anything, it can still cause anxiety and sleepless nights. An experienced workers’ compensation lawyer can help you navigate this uncertain and complicated path. They know the law and the ins and outs of the system. So you’ll have the best chance to prove that you deserve workers’ comp benefits.

FOLLOW DOCTOR’S RESTRICTIONS

If you’re already receiving workers’ compensation, you probably know that going against the doctor’s orders may cost you those benefits. Once the investigator gets wind of you not following doctor restrictions, they can use it as a basis to dispute your claim.

SEEKING MEDICAL TREATMENT

It is essential to promptly seek and follow appropriate medical treatment for your work-related injury or illness. This includes attending scheduled doctor’s appointments and therapy sessions and following the prescribed treatment plan.  

KEEPING DOCUMENTATION

Throughout your workers’ compensation case, it is crucial to maintain accurate documentation of all medical treatments, appointments, and any communication related to your injury. This documentation helps support your claim and ensures you receive the benefits you are entitled to.

COMMUNICATING WITH YOUR EMPLOYER

Keep open lines of communication with your employer regarding your injury and recovery process. Notify them promptly about any changes in your condition or work restrictions.

EXPLORING LIGHT-DUTY OPTIONS

Depending on your doctor’s approval, you may be able to undertake part-time, light-duty, or modified work while on workers’ comp. This can help you stay engaged and maintain a source of income within your physical capabilities.