SURVEILLANCE AND HOW IT RELATES TO YOUR WORKERS COMPENSATION CLAIM 0 Comments

SURVEILLANCE AND HOW IT RELATES TO YOUR WORKERS COMPENSATION CLAIM

When you file a Workers’ Compensation Claim, the Insurance Company is permitted to search your personal social media and perform routine surveillance. The Insurance Company is permitted to search your Facebook, Twitter and Instagram page, and other such social media platforms. Furthermore, the Insurance Carrier is permitted to undergo routine surveillance such as filming you walking in and out of your neighborhood supermarket.

Safeguard Your Workers Compensation Claim

It is imperative that you do not discuss your claim with anyone over the internet. It is even more important that you do not post pictures of yourself engaging in activities that are against your Doctor’s orders. Any misleading statement or contradicting action on any of the above mentioned social media platforms could result in denial of your claim or Employer/Carrier filing a fraud action against you. We recommend that you do not discuss anything relating to your claim over the internet, and do not post pictures of yourself engaging in any activities during the duration of your claim. Any hint of disobeying a Doctor’s restrictions could jeopardize your claim. It is the safest bet to avoid all talk about your Workers’ Compensation Case until the case ends.

Insurance Company Surveillance

Similarly, the Insurance Company is permitted to engage in routine surveillance. The insurance agent is not permitted to follow you into your home or harass you. This routine surveillance usually consists of an insurance agent taking pictures of you walking out of the grocery store or working on your lawn. You do not want to perform any activities that your Doctor tells you that you are unable to do. An example would be a client walking into the grocery store and picking up a one gallon container of water. Although his Doctor told him that he could not lift anything at all, he went against his Doctor’s restrictions. As a result, this individual could lose his claim or even worse, he could be prosecuted for fraud. 
Likewise, it is imperative that a Claimant tell the truth in his/her Deposition about the activities/functions that he/she can/not perform on a daily basis. A Claimant could be prosecuted for fraud if he testified in his/her Deposition that he cannot lift a gallon of water, but in reality the Claimant lifts a gallon of water every time he goes to the Grocery Store. Because of this possibility of fraud, the safest route for a Claimant to travel is to ensure that he/she is complying with all Doctor’s orders throughout the day, and is telling the truth in all Depositions.

Be Honest and Listen to your Doctor

It is crucial for any Workers’ Compensation Claimant to perform functions that are within their doctors’ restrictions. It is also imperative that a Claimant keep their discussions of their claim off the internet altogether to avoid misrepresentation or any misleading photographs. It is better to stay off the internet during the pendency of one’s claim. It is also imperative for a Claimant to tell the truth during his/her Deposition in terms of activities that they can/not perform on a daily basis.

 

About Masnikoff

The Law firm of Lyle B Masnikoff and Associates handles Workers Compensation, Social Security Disability, PIP claims, and Employment disputes in the entire State of Florida including West Palm Beach, Fort Lauderdale, Miami,and Orlando.

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