If you’ve filed a workers’ compensation claim, you might think the most challenging part is over. Unfortunately, insurance companies don’t always take your word or your doctor’s word as the final say. Many insurers hire private investigators to dig into your personal life to find evidence to deny or reduce your claim.
At Pond Lehocky Giordano, we believe injured workers deserve fair treatment, not invasive surveillance. Learn the top five tactics private investigators use in workers’ comp cases, as well as how to know if you’re being watched and what you can do about it to protect yourself.
1. Surveillance and Video Evidence
Private investigators often use surveillance and video recordings to observe claimants’ daily routines. This surveillance usually occurs in public spaces, outside your home, at the grocery store, or even in parking lots. The goal is to catch you doing something that contradicts your reported injury.
For example, if you’ve claimed a back injury but are seen lifting heavy bags or jogging, insurers may argue that your injury isn’t as serious as you say. Many cases involve more than one form of surveillance, including video, photos, and detailed reports.
Tip: Always follow your doctor’s restrictions and recommendations, even on your best days. Investigators might use short video clips that are out of context to discredit your claim.
2. Social Media Monitoring
Social media may feel private, but it’s often a goldmine for investigators. Investigators may gather evidence to challenge your credibility if your Facebook, Instagram, TikTok, or Twitter is public, or even if a mutual friend shares a post.
Even seemingly harmless photos or comments can be used against you. A post about attending a birthday party, dancing at a wedding, or hiking could contradict the limitations outlined in your workers’ comp claim.
Tip: Avoid posting about your injury, physical activities, or lifestyle while your claim is active, and ask friends and family to do the same.
3. Background Checks and Public Records Searches
Private investigators often dig deep into your public records and background to uncover information that may affect your claim. This includes examining your criminal history, prior injury claims, civil lawsuits, and property records.
Tools like Crimcheck offer comprehensive searches that can be run pre- or post-employment. Investigators may also check for additional employment or freelance work that hasn’t been reported.
Tip: Be honest and thorough when completing paperwork related to your claim. Discrepancies can be used to discredit your case, even if they seem minor.
4. Undercover or Direct Contact Tactics
Some investigators take a more hands-on approach, visiting injured workers under questionable pretenses. They might pose as delivery drivers, neighbors, or even friendly passersby to catch you in unguarded moments.
In addition, they may casually talk to people around you, such as your neighbors, gym employees, or coworkers, to gather off-the-record comments about your physical abilities and routine. These tactics are designed to appear casual but can be highly invasive.
Tip: Always be cautious when speaking to strangers, and avoid discussing your injury publicly. Setting boundaries is okay if anyone asks personal questions about your health or activity.
5. Employment and Income Verification
To uncover undisclosed income or side jobs, investigators may contact your current or former employers or use services like The Work Number®. This information helps them determine if you’re still working or receiving income despite claiming you can’t.
If they find conflicting information, such as employment records showing hours worked while you’re supposed to be out on injury, your claim could be denied or result in legal consequences.
Tip: Always report any work, minor or informal, to your workers’ comp attorney.
How Do You Know if You’re Under Investigation for Workers’ Comp?
Most surveillance is designed to be discreet, but there are some red flags. These may include:
- Seeing unfamiliar vehicles parked near your home or workplace
- Noticing someone following you during errands
- Friends or neighbors mentioning that they were asked questions about you.
- Strangers taking photos or videos nearby
If you suspect you’re being watched, remain calm and consult a workers’ compensation attorney.
What You Can Do if a Workers’ Comp Private Investigator Is Following You
If you believe you’re under surveillance, don’t confront the investigator. Most can legally record you publicly; confrontation could escalate the situation. The best course of action is to:
- Stay within your doctor’s physical restrictions
- Avoid any activity that could be misinterpreted
- Keep your social media private and untagged
- Consult a workers’ comp attorney for advice and legal protection
A lawyer at Pond Lehocky Giordano can help you with the next steps you need to take.
Know Your Rights
While investigators can observe you in public spaces, they cannot trespass, record inside your home, or harass you or your family. Contact an attorney if you feel your privacy is violated or the investigation is too intrusive or outside the bounds of the law. Remember, you have rights; an attorney can help protect your rights and push back against unfair tactics.
Talk to a Lawyer for Help with Your Workers’ Comp Claim
Being followed by a private investigator can feel invasive and even threatening, but you don’t have to go through this alone. An experienced attorney can help you understand your rights, handle your communication with the insurance company, and make sure you’re treated fairly every step of the way.
Pond Lehocky Giordano is dedicated to ensuring you receive the maximum compensation for your pain, suffering, and medical bills. With over 250 years of combined experience and more than 100,000 successful cases, our expert legal team is ready to fight for your future.
Call or fill out our contact form today to schedule a free, no-obligation consultation. For more helpful information about the workers’ compensation process, visit our Workers’ Compensation Resource FAQs.
