Home > Research Legal Advice > Workers Compensation > Can workers comp hire someone to follow me around?
Asked over 1 year ago - Griffin, GA
Flagis it possible for workers comp to hire someone to follow me around or ride by my home.i was referred to surgery by my dr and until then everything was going really good and claim adjuster was following all recovery sugestions from my dr.now that he has said he wants to perform a 3 level cervical fusion they have became very silent.they want return my calls,my lawyers calls or want even respond to my dr's referral.
Yes, it is certainly possible that the insurance carrier has hired a private investigator to perform surveillance on you. This is typically done before a surgery takes place or when the case is getting older or when a settlement is about to be negotiated. The insurer is trying to see if you are working or if you are engaging in any activities outside of the home that exceed the restrictions given to you by your authorized treating physicians. They are hoping to find a reason to deny your surgery.
Susan J. Sadow
www.sadowworkerscomplaw.com
770-984-8900
There is a recent case that suggests that, if you are in private, you cannot be videotaped (just letting you know). Surveillance is vvery common to make sure that you are not malingering. I tell all of my seriously injured Personal Injury clients to be very, very careful about what they do in public in case someone is watching. Good luck!
Yes they do have the right to follow you around and check up on you. Private investigators love to take things out of context so be sure when you are in public to realize they could be filming you at anytime. I advise clients that even if you know they are there do not acknowledge that you know this -just do not do anything inconsistent with your restrictions.
It is a very frequent occurrence, and occasionally it results in Fraud convictions when the workers misrepresent their physical limitations or work status. If you tell the truth, you have nothing to fear from surveillance. Pretend that you are Britney Spears and wave at them; that always makes the Investigators look stupid on film. And even if you are mistaken, people will think you are friendly. :-D
Yes, surveillance is a possibility in all workers' compensation cases. The insurance companies often hire someone to put you under surveillance for the purpose of testifying in court about your activities and your disability. They hope to obtain video pictures of you while outside engaging in any activity that would indicate you are not as disabled as your doctor has indicated. Use common sense. You want to be sure not to engage in any activity you have told your doctor you can't perform. If you're not sure about your activities discuss them with your attorney before engaging in them in public.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
