If you’re in the process of filing a workers’ compensation claim, you may want to be mindful of your online presence and activity due to surveillance risks.
Existing in a world where the leading one million websites share 88% of user data with third-parties, you must understand that your digital footprint is easily retraceable.
When you file a workers’ compensation claim, insurance companies conduct an extensive background check to ensure the details you provide are accurate. You may believe this process to be simple and short; however, this fact-checking can often get too intrusive.
Surveillance is one of the strategies used to confirm or deny the legitimacy of a claim; it contains a detailed look into one’s digital and physical activity. When used for your case, you may want to make sure you’re careful enough to avoid your claim getting compromised.
Here’s a detailed guide on how surveillance is used and how you can navigate it smartly.
1. Physical Surveillance
This type of surveillance entails a record or observation of your physical interactions and movement. Most companies appoint private investigators to keep a tab on the claimant’s activities and observe if and how their injury is affecting their day-to-day life.
How does the investigator make these observations? They keep watch outside the claimant’s house and follow them when they’re out and about performing tasks such as grocery runs, shopping, lifting weights, or conducting any other activity in a public space.
Even if you complete a physically draining task out of necessity despite the pain in your injury, the investigators can record the incident and easily claim that you’re fine. Therefore, you must stay away from any activity or risks that can be presented as a counter-argument to your claims.
More importantly, you must have legal representation so that a private investigator does not violate ethical standards and your privacy; you want to ensure you don’t become a target of practices such as pre-texting, a cyber technique that manipulates people in giving personal data.
2. Online Surveillance
If you frequently post on social media sites, it can become an issue during your workers’ compensation claims process. Data from networking sites such as Facebook, Instagram, and more are easily accessible and retraceable. Even if you have a private account, the insurance company can legally require you to disclose your activity on these sites.
An online video of you at a social gathering, dancing after an injury; Status updates that show you’re recovering well despite taking absences from work, even an online joke about your injury; such content can easily be used to highlight that your case isn’t severe or that your social presence hints at a different and better condition than what your claim mentioned.
3. How to Proceed with Caution
To ensure your workers’ compensation claim is easily processed, here are a few ways to dodge these surveillance risks.
- Act like you’re being watched
A great way to ensure no evidence can be manipulated against you is to try to think of yourself from an investigator’s perspective. Acting like you’re under someone’s watch will help you avoid any moves that oppose your claims.
- Maintain minimal social media usage
Until the time your claim is processed, focus on reducing your digital footprint as much as possible. You don’t need to get rid of your socials entirely, but make sure you don’t focus any posts, comments, or messages on your health or injuries.
- Have a workers’ comp attorney guide you
Legal professionals have a better understanding of how insurance companies go about their surveillance strategies; they can help prevent your claim from getting compromised due to these tactics by guiding you on how to avoid them.
Stay Vigilant and Wary
Although the practices of insurance companies can feel daunting, you must stick strongly to your workers’ compensation claim, as it’s your right to have your injury addressed by the very system that’s established to handle such cases.
All you need to do is stay vigilant towards surveillance risks and ensure a good compensation attorney represents your claim. Looking for a well-informed work injury law firm in Glenn, CA? Visit the Law Offices of Harley Merritt.
Specializing in workers’ compensation, our law firm understands the gravity of workplace injuries and is dedicated to providing you with the needed legal representation and advice.
Have more questions about our services? Learn more about the Law Offices of Harley Merritt here.
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