Clients must be mindful of what they post on their social media accounts. The information posted on social media sites is not always private or privileged. Pictures and comments can be taken out of context, turning a perfectly fine situation on its head. Even when you set your settings to private, photos you are tagged in may be publicly visible. Of course, you are encouraged not to post anything about your case on your social media accounts.
How Social Media Can Affect a Workers’ Comp Case
Social media might seem harmless—just a way to keep in touch, share updates, or blow off steam—but if you’ve filed a workers’ comp claim, what you post can have serious consequences. Insurance companies and defense attorneys often look at public social media accounts to find anything that could contradict your claim. Even posts that seem unrelated or innocent can be taken out of context and used against you.
Here are a few key ways social media can hurt your workers’ compensation case:
- Posts that contradict your injury claims: If you say you’re unable to work due to back pain, but post a photo of yourself hiking or lifting heavy items, it can raise serious red flags—even if you were just trying to look “normal” online.
- Photos or videos showing physical activity: Images of you exercising, dancing, traveling, or even doing yard work can be used to suggest you’re not as injured as you say.
- Check-ins or location tags: Tagging yourself at the gym, a party, or on vacation might seem unrelated, but insurers can argue that your activities don’t match your reported limitations.
- Comments from friends or family: Replies from others—even joking ones—can be used to cast doubt on your claim. A simple “Looks like you’re doing great!” comment under a post could work against you.
- Inconsistent statements: If your social media posts tell a different story than what you told your doctor, employer, or claims adjuster, it could damage your credibility.
The best approach? Be cautious with what you share online while your case is active. Even private accounts aren’t entirely safe from scrutiny. When in doubt, talk to your attorney about your social media use—they can help you avoid mistakes that might hurt your case.
Who Might Be Watching Your Social Media Activity?
If you’ve filed a workers’ comp claim, it’s natural to assume the process stays between you, your employer, and maybe your doctor. But in reality, your online presence can attract a lot more attention than you think, especially from your employer. In some cases, companies have been known to monitor an injured worker’s social media activity directly or even hire private investigators to dig deeper.
Employers may be looking for anything that contradicts your injury report. A photo, status update, or even a comment could be taken as “evidence” that you’re not as hurt as you say. Some businesses go as far as bringing in private investigators who scan public profiles and monitor online behavior to catch inconsistencies between your claim and your lifestyle.
If you’re out of work due to a reported injury but show up online looking active or physically well, that can quickly become a problem for your case. The truth is, once a claim is filed, some employers become more focused on protecting themselves than supporting the injured worker. That’s why it’s important to be mindful of what you post—and even more cautious about who can see it.
Insurance Companies Are Watching Too
It’s not just your employer who might be scrolling through your social media—insurance companies are often watching, too. Once you file a workers’ comp claim, it’s pretty common for adjusters to start checking out your public posts. They’re looking for anything that might not line up with the injury you reported – even something simple, like a photo, check-in, or comment, can be taken the wrong way and used to challenge your claim.
Some insurance companies even hire investigators who specialize in this kind of thing. They’ll dig through posts, try to build timelines, and look for anything they can use to raise doubts. Their main goal is to save the company money, and if they think they’ve found something to reduce or deny your benefits, they’ll run with it.
That’s why it’s smart to be extra careful about what you share while your claim is active. Staying off social media altogether for a while isn’t a bad idea. If you’re unsure whether something’s okay to post, it’s always best to check with your lawyer first.
Tagging and Check-Ins: Your Friends Can Put You at Risk
Even if you’re not posting anything yourself, your friends and family might be—without realizing how it could affect your workers’ comp case. A simple tag in a photo, a check-in at a restaurant, or a comment under someone else’s social media post can create the appearance that you’re more active than you’ve claimed to be. And yes, insurance companies and investigators are watching for exactly that.
Let’s say a friend tags you in a group photo at a party or checks you in at a hiking trail. Even if you weren’t doing anything strenuous or just stopped by briefly, those posts could be used to raise doubts about your injury. It doesn’t take much to spark suspicion when someone’s trying to poke holes in your claim.
That’s why it’s smart to talk to friends and family about your situation and ask them not to tag you or post about you while your case is active. It’s also a good idea to turn off location sharing and tagging settings on your own accounts. Even things that seem harmless can be misinterpreted by someone looking for a reason to deny your benefits.
Public Posts Are Fair Game
One of the most important things to understand during a workers’ comp case is that anything you post publicly online can—and likely will—be used as evidence. If your social media profiles aren’t locked down, investigators and insurance adjusters don’t need a court order to look at them. Your public content is fair game.
That means photos, comments, location check-ins, and even the tone of your posts can be scrutinized. Something as innocent as a smiling selfie or a weekend outing could be twisted to suggest you’re not as injured as you claim. And even if the post was made before your injury, if it’s not timestamped clearly, it could still raise questions.
The bottom line? Once your claim is active, assume that anything you share publicly could end up under a microscope. If you haven’t already, review your privacy settings and think twice before posting—even something that feels unrelated to your injury. When in doubt, less is more.
Is Your Private Information Really Private?
Despite customizable settings on popular social networking sites, concerns about the privacy of posted material have continued to persist, with users wary of third-party advertisers and employers having access to their profiles’ information. Now, recent rulings in Pennsylvania workers’ compensation cases could potentially add forensic computer experts to that list.
An emerging trend in Pennsylvania workers’ compensation claims has involved courts generally granting limited discovery requests for access to claimants’ Facebook pages when certain public postings on these accounts suggest that more private posts might be relevant to the contested issues in specific cases.
However, this access is normally only allowed after a showing of facts suggesting that access to the claimant’s private profile will yield information relevant to the case. Without this, such discovery will not likely be permitted.
How Can You Ensure Total Privacy?
Nevertheless, in light of these recent decisions, injured workers in Pennsylvania need to be aware of what is posted on their social media sites, ensuring that their personal profiles are free of material that could damage their workers’ compensation claims.
If you’re unsure of what constitutes such material, contact a workers’ compensation attorney. To be sure, the ever-increasing prominence of online social networking in today’s world promises that social media will continue to impact workers’ compensation litigation.
