Understanding the Role of Surveillance in Workers’ Compensation Claims

If you’ve filed a workers’ compensation claim, you might be surprised to learn that insurance companies sometimes hire private investigators to conduct surveillance. Their goal is simple: to catch inconsistencies between your claim and your actions.

This might sound extreme, but it’s more common than most people realize. Surveillance plays a significant role in how insurance companies defend against what they see as suspicious claims.

Why Do Insurers Use Surveillance?

Insurance companies want to protect themselves from fraud. That’s understandable. Unfortunately, they sometimes use surveillance even when your claim is valid.

The idea is to gather video, photos, or online content that contradicts your reported injuries. If they can prove you’re more physically active than you claim, they may try to deny or reduce your benefits.

What Kind of Surveillance Happens?

Most surveillance happens in public places. Investigators may watch your home, follow you to the store, or record you doing everyday tasks like carrying groceries.

They may also monitor your social media. If you post photos of yourself on vacation, at a party, or engaging in physical activity, they may use them against you, even if they were taken before your injury.

Sometimes investigators speak with your neighbors or visit places you frequent, like gyms or churches, to ask questions or observe.

Is This Legal in Maryland?

Yes, surveillance is legal in Maryland, as long as it doesn’t invade your privacy. Investigators can’t film inside your home, listen to private phone calls, or hack into your accounts. But anything you do in public or share publicly online is fair game.

Maryland law also prohibits certain forms of harassment. If you feel like surveillance has crossed the line, you may be able to challenge it with the help of your attorney.

What Should You Do if You Suspect You’re Being Watched?

First, don’t panic. If your claim is truthful, you have nothing to hide. But be cautious. Avoid behaviors that could be misinterpreted or taken out of context.

For example, if you’re supposed to avoid heavy lifting, don’t try to carry all your groceries in one trip just to save time. What feels harmless to you could look suspicious on video.

Stick to your treatment plan. Follow your doctor’s advice and avoid pushing yourself, even on good days. Surveillance is often used over a long period, so even one misstep could hurt your claim.

Be Mindful Online

Social media is one of the easiest ways for insurers to gather evidence. Even if your profile is private, others may tag you in posts or photos that are publicly visible.

Avoid posting anything that could raise questions. Don’t talk about your case online. And ask friends and family not to tag you in photos or share updates about your activities.

How Surveillance Can Impact Your Claim

The insurance company may deny your benefits if surveillance shows you doing something inconsistent with your injury claims. Even if the footage doesn’t tell the whole story, it can cast doubt on your honesty.

That’s why working with a workers’ compensation attorney is so essential. An experienced lawyer can review any surveillance footage, explain how it might be used, and help you respond.

In some cases, surveillance can be challenged. For instance, if the video was taken illegally or misrepresents your abilities, your attorney can argue to exclude it or provide context.

Contacting an Attorney

Surveillance can feel invasive. But knowing it’s a possibility gives you a chance to protect yourself. Stay honest, follow medical advice, and limit your exposure online.

If you suspect surveillance or have concerns about your workers’ compensation claim, don’t handle it alone. A slight mistake can have significant consequences.

At Shugarman & Mehring, we understand how stressful these cases can be. We’ll help you navigate the process, protect your rights, and treat you fairly.