Worker´s comp don´t give up the spying on me. What should I do? To tell them every time that I catch your spy or just ignoure

Asked almost 3 years ago - San Diego, CA

I want to tell that I know about this spying action so that they dont use what they from this spy.

Additional information

i don´t do something any activity but just walking. what they can reach with just walking to record me? I mean with just walking on the street they can not win a claim or ?

Attorney answers (3)

  1. Richard Michael Laden

    Contributor Level 13

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You need to understand that, while you are out in public or in public view, i.e. they are not peeping through your window, you have "..no expectation of privacy.." This means that they can follow, videotape, photograph you without your consent.

    So long as you are not doing activities that you or your doctors say you should not or can not do, you have no recourse. As a general matter, most insurance carriers don't waste more that a couple of days of investigator time and expense on such things unless your case involves very high value.

    In my more than 30 years of experience handling workers' compensation cases, sub rosa video or photos have had almost no adverse impact on my cases. In a number of instances, the video has actually supported my clients' claims.

    Just do not overly exaggerate your limitations in activity or pain level when in deposition or at any doctor's office for evaluation or examination. Keep your complaints and limitations 'real' and you should not have any problems.

    Good Luck

  2. Marilynn Mika Spencer

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is not illegal to watch, photograph or video someone in public because there is no expectation of privacy in a public location. Workers' compensation insurance companies, just like other insurance companies, usually do what they can to avoid paying claims. One way they do this when a person claims physical injury is to try to catch the person doing things that are inconsistent with the injury and to make a record of this.

    To protect yourself, realize they are watching you and make sure you don't do anything that could be misunderstood as inconsistent with your claimed injuries. And the very best thing you can do to protect yourself is retain a workers' compensation attorney. To find a workers' compensation attorney, please look at the membership list of the California Applicant Attorneys Association (CAAA) http://caaa.org/cs/. CAAA is the strongest bar association in California for attorneys who represent injured workers.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. George Ellis Corson IV

    Contributor Level 20

    3

    Lawyers agree

    Answered . They WILL use your sub rosa (spy) footage to discredit your claim, but can only do so if you exaggerate your restrictions and/or minimize your stated activity levels. I have seen people followed to jobs they deny having, sports they deny playing, and mistresses they deny knowing. I have also seen people display obvious chronic pain, clearly avoid using an injured limb, or repeatedly fail to perform a simple task due to an injury. The truth is your friend, so remember that you may have only seen half the spies. They wouldn't follow you unless they already had reason to suspect your injury reports.

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