Helpful Articles
What you should know about insurance company surveillance and your workers' compensation claim.
It is well known that workers' compensation and liability
carriers take drastic measures to mitigate claims costs. Often times, their
mitigation strategy will come in the form of an Independent Medical Examination
(IME) where an insurance carrier’s doctor will render an expert opinion as to
causality of an injured worker’s medical condition in an attempt to suspend
benefits or reduce damages. Under certain circumstances, however, insurance
companies will employ more invasive measures.
Insurance carriers have been utilizing video surveillance
for quite some time. I know you are asking yourself if this is legal.
Yes, it is legal. The second question you might ask yourself is whether the insurance
carrier will actually expend their time and resources surveilling
you. Once again, the answer is yes-- they will.
When the carrier places you under surveillance, they will
follow you for several days and even weeks at a time. They will follow you to
your Doctor's appointment, to the grocery store and even to your Daughter’s
wedding. They are looking to catch you at the most inopportune time. Here are
examples of surveillance that caught injured workers at an inconvenient time:
-
Carpenter recovering from a rotator-cuff tear is filmed
helping his Wife carry Groceries in the house
-
An electrical worker recovering from a total-hip
replacement is filmed slow dancing with her granddaughter during said granddaughter's
wedding.(Yes, they will follow you into a wedding!)
-
A Laborer recovering from Neck Surgery is filmed in his
garage--that was open-- as he helps his son reach for an overhead object.
At a later hearing, it was revealed that he was helping his son reach
material that he would use in a science-fair project.
The moral of the story is to beware of the fact that
Insurance Carriers have eyes, and these eyes are looking to catch you when the
realities of life get in the way. Generally speaking, you should follow your
Doctor’s orders as thoroughly as possible. You should also err on the side
caution before engaging in an activity that could be interpreted as a violation
of your work restriction.
Here are some tips for dealing with surveillance:
-Keep your eyes open for Vans or vehicles not belonging your
neighbors that are parked on your street for several days at a time
-When Driving, always look in rear-view for vehicles that
are following you
-Do not hesitate to call the police if you see a strange
vehicle parked near your house, if you notice a vehicle following you or if you
think someone is trespassing on your property
