If you have a workers’ comp claim, you should be aware of some workers comp surveillance tactics used by employers and insurance companies.
Will You Be Followed by a Workers’ Comp Investigator?
Workers’ comp insurance companies routinely hire private investigators to take video of injured workers. The investigator will follow and videotape the daily activities of the injured worker and may follow them for multiple days and at different times of the day. It may surprise you to know that the insurance company is legally permitted to do this. The insurance company is trying to catch the injured worker doing something that is inconsistent with the restrictions the doctors set.
Can workers’ comp investigators use hidden cameras?
Yes, they can and they do. It’s legal for anyone to videotape you in your yard, or anywhere else in public view. There is no expectation of privacy when you are in view of the public. Remember, a good private investigator is invisible and so are their cameras. You may not be aware of how often in a day you could potentially be on camera.
Sometimes they may hide a camera inside something seemingly ordinary, like a traffic cone. The camera in the cone is wireless, so you won’t see any wires coming from it. It just looks like one of the myriad road work projects (or maybe Georgia Power, or a neighbor who wants to preserve an on-street parking space) going on in the Atlanta area, but it’s actually motion-activated and lets the investigator/adjuster know any time there is movement around your home so that such activity can be monitored.
What should I do if I find a hidden camera in front of my home?
Generally, if someone leaves trash, or if someone’s yard clippings wash up to my curbside, I toss such in my garbage can, so that an attractive “curb appeal” is maintained. Similarly, if I see a cone in front of my house and don’t know what entity placed it there–especially if inspection reveals a camera hidden in it–I’ll toss that in my garbage can, too. I’ll leave the “what to do with the insurance company’s secret surveillance camera and fake traffic cone” question to you to answer if you see such a setup near your home.
Other workers’ comp surveillance tactics
In addition to hidden videos and following you, an insurance company investigator may look into your social media accounts, including Facebook, Instagram, Snapchat, Twitter and TikTok. Always be aware that you’re always being watched if you’ve had the misfortune to get injured at work.
If you’re worried that surveillance from an insurance company or a private investigator is going to be used against you to derail your claim, contact our office to get help.