It can be awful to learn that you are being watched after a work injury. However, hurt workers may be the subject of surveillance in some cases. The legality of workers' compensation insurers performing surveillance on injured workers can vary depending on the state and specific circumstances. In many states, however, insurers may have the right to conduct surveillance within legal limits to investigate the legitimacy of a workers' compensation claim. If you are an injured worker and you suspect that surveillance is being conducted or may be conducted by the workers' compensation insurer, read on to find out what you should do to protect yourself right away.
What to Do
- Understand your rights: Familiarize yourself with the laws and regulations regarding surveillance in workers' compensation cases in your state. Knowing your rights can help you understand the limitations and potential recourse available to you.
- Consult a workers' compensation attorney: If you have concerns about surveillance or if you believe your privacy is being violated, consider seeking legal advice from an attorney experienced in workers' compensation cases. A lawyer will help to guide you in your quest for compensation and help you to stand up for your rights.
- Follow medical advice: Be very careful to adhere to the prescribed medical treatment and limitations provided by your healthcare provider. By complying with the recommended treatment plan, you demonstrate your commitment to recovery and strengthen your case. For example, if you are told not to place your full weight on your leg, use your walker, crutches, or a wheelchair when you are in public.
- Document your condition: Maintain detailed records of your injury, medical treatment, and any ongoing symptoms or limitations you experience. Keep copies of medical reports, diagnostic tests, prescriptions, and any other relevant documentation. These records can help support your claim and counter any misleading surveillance footage or observations.
- Act within your limitations: Be mindful of your actions and ensure that your activities align with your medical restrictions. It's important to follow the advice of your healthcare provider and avoid engaging in activities that may contradict or undermine your workers' compensation claim.
- Communicate with your attorney and insurer: If you are aware of surveillance or suspect its occurrence, inform your attorney and, if applicable, your workers' compensation insurer. Transparency and open communication can help address any concerns or potential misconceptions.
Keep in mind that laws and procedures regarding workers' compensation and surveillance in particular can be complex. Consult with an attorney who specializes in workers' compensation and can provide you with personalized advice based on your specific situation and help safeguard your rights throughout the process.
For more info, contact a local workers' compensation lawyer.