When you file a Workers’ Comp claim, your employer and their insurance carrier will often do whatever they legally can to deny your claim. This can even result in surveillance.
Insurance companies and defendants are allowed to hire private investigators or use their own on-staff investigators to gather as much information on your injury as they want to. This means they can access anything available to the public, such as your online posts. They can even follow you around and take pictures of you, so long as you are in public.
For help with your injury case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Why Would the Insurance Company Spy on Me?
Insurance companies want to deny claims. This means they want evidence that attacks the main elements of your case:
- That the injury exists, in the first place.
- That the injury was work-related.
- That the injury is disabling.
They can also use any information that shows you are otherwise not complying with the rules of Workers’ Comp, such as evidence that you are
- Working at another job without reporting it
- Performing tasks your doctor said not to
- Performing tasks that call your injury’s severity into question.
They can often gather information from observing you in public that they can use to push back against your claims. Even if you are not lying or exaggerating, they could (intentionally or accidentally) misinterpret what they see or what you post online and use it against you.
What is the Insurance Company Allowed to Do to Surveil Me?
Insurance companies and employers can take any of the following steps:
- Hire private investigators or use their on-staff licensed investigators
- Follow you in public places
- Take photos or videos of you in public spaces
- Contact friends, family, and acquaintances to ask questions about you
- Approach you and talk to you in public without admitting their identity or motive
- Go through your trash at the curb/in the dumpster
- Look at your public social media profiles and take screenshots or download images
- Contact social media followers to take screenshots of your posts or download pictures from a “locked” or “private” account the follower is allowed to view.
With any of these issues, there is always a chance that the judge might find what the insurance company did to cross the lines of privacy expectations, but most of these activities are firmly allowed under court precedents.
What is the Law on Surveilling Injured Workers?
There are many things insurance company investigators can do to observe or follow you in public, but there are some lines they cannot cross:
- They cannot commit fraud to gain information
- They cannot enter your home or violate your privacy by peeping through windows or hiding cameras/recorders in your home
- They cannot use force or violence
- They cannot steal
- They cannot go through your mail
- They cannot violate attorney-client privilege.
Important Cases
Generally, surveillance in public spaces by investigators has been allowed under the Pennsylvania Supreme Court case Forster v. Manchester (1963).
Tagouma v. Investigative Consultant Services (2010) in the Superior Court also allowed photos and videos to be taken through a window while an injured worker was praying at a religious center. They also ruled that a Workers’ Comp claimant’s right to privacy is curtailed a bit while the claim is being investigated/challenged.
FAQs About Investigations and Spying on Injured Workers in Pennsylvania
Doesn’t My Right to Privacy Stop Surveillance?
Your right to privacy does stop surveillance at home, but there is a reduced expectation of privacy in public places and while your claim is ongoing.
Can Investigators Access My Social Media?
They cannot do anything illegal, like hack your devices, but they can view your public social media profiles. They may even be able to create fake accounts to follow you with or contact people who already follow you to relay info, so “locking” your account might not be enough to stop them. If it’s online, they can likely view it.
It is best to never post about your injury case and to consider locking down and stopping use of social media while your claim is pending. On the other hand, deleting posts or accounts might be considered evidence tampering. Always seek legal advice about how far to go.
Can Investigators Pay for Information?
There is nothing stopping investigators from paying for information as long as it does not constitute a bribe or otherwise violate the law. However, we can always cross-examine their investigators about how they obtained the info and point to the fact that paid informants might be unreliable, given their motivation to provide “helpful” information, whether it’s true or not.
What if Investigators Broke the Law?
Our attorneys should be able to block evidence from being used against you if it was obtained illegally or unjustly. This is often up to the judge.
There may also be a separate lawsuit you can file against the insurance company or their investigators for violating your privacy rights.
Can I Call the Police if I’m Being Followed or Harassed?
Private investigators are typically licensed, meaning they know where the line is between legal and illegal activity, and what they can and cannot do. Investigators usually avoid crossing the line, knowing they could be arrested for harassment or stalking or lose their license if they mess up.
However, you should never risk your safety or trust them to have your best interests in mind. If you suspect you are being stalked, harassed, or otherwise targeted by illegal activity, report it to the police.
Does Settling My Case End Surveillance?
If you settle your case and the insurance company is no longer paying benefits or trying to defend against your claim, they will usually stop surveillance. They might continue keeping an eye on you if they suspect you induced them into a settlement through fraud, but they usually won’t sign an agreement in the first place if they think it’s fraudulent.
Can My Employer or Their Insurance Demand Exams?
Periodic medical exams are a common part of Workers’ Comp claims. Independent Medical Exams, Impairment Rating Evaluations, and other exams can be scheduled as part of your case, all without violating any privacy or investigation rules.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For your free case review, call Cardamone Law’s Philadelphia Workers’ Compensation attorneys at (267) 651-7945.
