Can workers’ comp claims investigators use my Facebook feed as evidence?

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Workersโ€™ comp insurance companies can and will use your social media posts to protect their assets. If you have been injured at work and have a workersโ€™ comp claim, they may look for posts by or about you that contradict your claim that you have a disability from your work-related accident. Although a legal precedent has not been set, some courts have allowed the use of photos and personal information posted to social media sites as evidence for the workerโ€™s condition, or what they perceive as the lack thereof.ย 

In the past, Supreme Court judges have openly reminded defense attorneys that asking for evidence, such as access to a claimantโ€™s social media accounts, doesnโ€™t guarantee access to that information. In order to request and receive such evidence, eager defense attorneys not only need to explain why they need the information, but also prove that it canโ€™t be gained via the usual means, such as interrogatories and depositions.

Even though it seems that most workersโ€™ comp claimantsโ€™ social media feeds are safe from the prying eyes of suspicious defense attorneys, it pays to be prudent about what you choose to share with the public. Many times you donโ€™t remember who you may have accepted as a friend in the past, and it could have been a supervisor or a co-worker who can screenshot information to undermine your case.ย 

Basic social media tips for injured workers:

  • When in doubt, donโ€™t. If you are involved in any kind of workersโ€™ comp case, donโ€™t talk about it on Facebook, Instagram, Twitter, SnapChat, TikTok, or your blog. If you have to ask yourself, โ€œShould I post this?โ€ then the answer is probably a resounding โ€œNo!โ€
  • Be proactive about your privacy. If you donโ€™t want anyone stumbling upon what could be perceived as compromising images or information about you, be smart about your social media privacy settings. Make sure all of your social media accounts are set to private. Review your list of friends, followers and contacts and remove anyone who isnโ€™t a close friend or family.
  • Think about how your posts relate to your workersโ€™ comp case. If a serious back injury sustained on the job has put you out of commission, you probably shouldnโ€™t post pictures of last weekโ€™s pick-up basketball gameโ€”even if you were just the referee. Think long and hard about how an insurance company might interpret any photos or information before you click โ€œPublish.โ€ You may not be aware of who the โ€œfriends of friendsโ€ are that may be able to see your pictures.
  • Take a break from social media during the length of your claim. Consider not posting anything and communicate with friends and family via phone call or text instead.
  • Do not accept new friend requests during your claim. Accepting new friends during your claim can possibly open up your case to more prying eyes.
  • Ask friends and family not to tag you on social media. When others tag you on social media, it shows up on their feed and allows others to see where you were and what you are doing. If someone does tag you, immediately โ€œuntagโ€ yourself.

In conclusion, use common senseโ€”if you wouldnโ€™t want a defense attorney asking you about your latest Facebook photo or TikTok dance in court, donโ€™t post it.

For legal questions or concerns, contact Atlanta workersโ€™ comp attorney Michael Moebes at (404) 354-5432!

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