Am I Being Followed?September 4, 2018
After being injured at work, you filed for Workers’ Compensation benefits to cover the cost of your medical bills, lost wages, and other expenses associated with your injury. Maybe you even qualified for disability benefits, and your doctor advised you to take time off work to recover.
During this time, the insurance company may seek to deny your claim by showing that you are faking your injuries. To prove that you lied about the severity of your injuries, they will attempt to gather evidence of your noncompliance with the doctor’s orders.
Workers’ Compensation Surveillance
Insurance companies often hire private investigators to spy on injured workers. To avoid the excessive cost of hiring an investigator for an entire day, they will usually schedule the investigation for a specific time when they know you will be leaving the house. For example, when you have a scheduled doctor’s appointment or Independent Medical Examination (IME).
The investigator will look for inconsistencies in your behavior, such as using a cane when walking into the appointment but not using it when leaving the house or returning from the appointment. These companies are often able to conduct surveillance undetected, by using discrete vehicles and electronic equipment such as hidden cameras and GPS tracking.
They may also be monitoring your electronically transmitted information, so be careful what you text and post on social media.
Is it Legal?
Yes. Always be aware that you may be under Workers’ Compensation surveillance. While private investigators must comply with the law and not trespass on your property, they may watch, film, or photograph you while you are visible to the public.
You may experience a “good day” when you are not in as much pain, or you feel like you can do more than you are usually capable of doing. It is important to remember that you may be under surveillance, and any evidence of you exceeding your medical restrictions can be used against you.
Comply with Your Doctor’s Orders
Always comply with your doctor’s orders. If one of your restrictions is that you cannot lift more than ten pounds, do not attempt to lift anything above that weight. If you do, the insurance company’s private investigator could catch you on camera, and you may lose your benefits.
Even if you are not doing anything wrong, or if you have not given your employer any reason to question your honesty, you may still be under Workers’ Compensation surveillance. Thus it is important to protect your claim by always being in compliance with any and all of your imposed restrictions.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Protect the Rights of Employees Under Workers’ Compensation Surveillance
If you suspect you are under Workers’ Compensation surveillance, contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. We can ensure that your rights are being protected and help you determine your best course of action. Our knowledgeable and experienced attorneys represent clients throughout Maryland. To discuss your case, submit an online contact form or call us at 844-556-4LAW (4529) to schedule a consultation.