How Employee Surveillance Can Impact a Workers’ Compensation Claim

Maryland’s workers’ compensation program has been providing benefits for workers who were injured on the job since 1902. According to the Maryland Workers’ Compensation Commission, 21,842 workers’ comp claims were filed in 2021. That represents thousands of dollars in benefits being dispersed to workers in need. However, those benefits aren’t always provided until the insurance carrier conducts a thorough investigation. That is where the issue of how employee surveillance can impact a workers’ compensation claim.

Surveillance Boundaries

When you file a workers’ compensation claim, you need to provide documentation about where, when, and how the accident happened. You also need to include all your medical reports related to the accident. Your injury could sometimes prevent you from returning to work at full capacity. That is when you could be entitled to lost wage benefits. Before the insurance carrier agrees to pay those wages, they might want confirmation that the employee is as disabled as they claim.

Even though an insurance company can surveil you, there are limitations. Maryland has specific video and audio surveillance laws. For instance, it is illegal to use hidden surveillance cameras in a place where people expect privacy. That means insurance company investigators can’t record people in private residences without their consent, and they also can’t record phone conversations without consent.

However, investigators can call you and your family members for interviews. They can also interview your neighbors and coworkers about what they’ve seen you doing. They can take photos and videos of you in public spaces.

What Investigators Look For

Insurance investigators who surveil employees look for inconsistencies between their claims and their actions. For instance, if an employee claims that their injury resulted in them needing a cane, then the investigator will want to capture any time the employee isn’t using the cane, such as shopping at a grocery store. That could reveal that the employee is lifting heavy objects when they are supposed to be restricted from that kind of activity.

In another scenario, the insurance company could also schedule an Independent Medical Evaluation (IME) for the employee. The investigator can follow the employee from their home to the doctor’s office to see if they are complying with their doctor’s orders.

In order for a video or photo to be entered into evidence, it needs to include the following:

• A clear image of the injured worker
• No evidence of illegal surveillance or entrapment
• Timestamps showing the time and date the images were taken
• Verification of where the photo or video was taken
• Proof of the investigator’s license and professional reputation

Social Media Surveillance

Another area where insurance investigators can surveil is your past and current public social media posts. In theory, if a post on Facebook, Instagram, or X is public, anyone can read it. If the employee posts photos of them engaging in sports or other strenuous activities, it could be proof that they aren’t as disabled as they claim. There could also be comments that would work against the employee.

All of that would be considered “fair game” by the insurance company. That is why you are advised not to post on social media platforms until your claim issue is completely resolved.

Why Insurance Companies Investigate Claims

Workers’ compensation insurance carriers are like other insurance companies. They are happy to collect premiums but resistant to paying out benefits. Some insurance companies declare they don’t use surveillance at all, while others have funds for surveillance in their budgets.

The following are some common factors for why an insurance company might launch an investigation on a workers’ compensation claimant:

Work History

If the injured employee worked at the company for only a limited amount of time, this might raise suspicions. The insurance company might think the employee took the job just to file a claim.

Claim History

If the employee has a history of repeatedly filing workers’ comp claims, that pattern could trigger the need for further investigation.

Employee Reputation

If an employee is described as hard-working and loyal, they would be less likely to be considered for additional investigation. On the other hand, if an employee has a history of missed work and poor performance, there could be a reason that warrants a thorough investigation.

Financial Exposure

An investigation could also be warranted because of a general issue of financial exposure. When an insurance company is asked to pay a significant amount of wage benefits, it might want to confirm the claim just to be thorough.

Steps To Take for Your Workers’ Compensation Claim

Suppose you have filed a personal injury claim and suspect you are under some kind of surveillance or subject to additional interviews. In that case, it is vital that you speak with the attorneys at Belsky & Horowitz, LLC. We can help assess your claim and offer guidance on how to handle any surveillance issues. Our goal is always to support our clients to help them receive the maximum benefits from a workers’ compensation claim.

Call to set up a free consultation to discuss what happened, and we’ll offer information about the next steps you should take.