It may sound like something out of a movie, but workers’ comp surveillance is real. This is particularly true when insurers want to verify the extent of an employee’s injury.
While you can’t predict whether an insurance company will conduct surveillance in your situation, it’s important to understand what investigators look for and how it could affect your workers’ compensation case.
When Does Workers’ Comp Surveillance Typically Start in Georgia?
There is no specific moment when insurance companies begin surveillance in a workers’ compensation claim.
They won’t give you notice that they’re watching you. An insurer may surveil you right after you file your workers’ comp claim, especially if you require surgery or will be off work for an extended period.
The insurer might begin surveillance:
- Before or after a medical evaluation
- Before a court hearing or deposition
- During the appeals process
- After a large settlement (in rare cases)
Why Do Insurance Companies Conduct Surveillance on Injured Workers?
Insurers may put you under surveillance because:
- They think the injury may not be genuine.
- Your injury is hard to verify, such as a soft-tissue injury.
- You’re getting a second opinion or changing doctors.
- You posted pictures on social media that seem to contradict your injury claims.
- A co-worker or a third party reported that your claim may not be legitimate.
- You delayed or skipped your medical appointments.
- Your claim is likely to be expensive, involving long-term disability or surgery.
Which Workers’ Comp Surveillance Tactics Do Investigators Use?
Workers’ compensation surveillance has evolved over time. While private investigators may use traditional methods such as photographs or video footage, they also use newer techniques to observe your behavior.
Common workers’ comp investigator tactics include:
- Social media monitoring for inconsistencies with your reported limitations
- Speaking with neighbors, friends, and family about your activities
- Observing your activities in public settings to see whether you are following your doctor’s restrictions
Signs You Might Be Under Surveillance
You might be under surveillance if you notice unexpected activity around you, such as:
- A vehicle parked near your home for extended periods
- Someone taking photos near your home or workplace
- Friends mentioning that someone contacted them about your injury
What Georgia Law Allows and Prohibits in Workers’ Comp Surveillance
In Georgia, workers’ compensation investigators can surveil you in most public places, like parks, parking lots, sidewalks, sports arenas, gyms, grocery stores, and from the street outside your home.
However, Georgia prohibits investigators from performing surveillance on private property. They also cannot install hidden cameras in your home, tap your phone lines, or access your Internet or electronic communications without your consent.
How to Protect Your Claim if You’re Being Surveilled
Your best option for self-protection against surveillance is to follow your doctor’s orders exactly as prescribed.
You should also limit discussions about your injury or workers’ compensation claim to your workers’ comp attorney, doctor, or trusted family members. Sharing details with others could unintentionally jeopardize your workers’ compensation benefits if someone says the wrong thing to an insurance investigator.
When to Consult an Albany, Georgia Workers’ Comp Lawyer
You should engage a Georgia workers’ compensation lawyer as soon as possible after a workplace injury. At Underwood Law LLC, our experienced attorneys have been representing injured workers in Albany and the surrounding communities for years.
Our legal team knows the law and how to protect your right to benefits. Call or contact us for a free consultation today.
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