Filing a workers’ compensation claim is meant to help injured employees recover lost wages and medical expenses. However, once you start receiving benefits, you may find yourself under unexpected watch. Insurance companies often suspect claimants of exaggerating or faking injuries and may go to great lengths to investigate them—including hiring private investigators to follow their every move.

Why Do Insurance Companies Conduct Surveillance?

Workers' compensation insurance providers have a vested interest in minimizing payouts. Surveillance is a tool they use to detect fraud, reduce claim costs, and verify the severity of injuries. While insurance fraud does happen, studies show that only 1-2% of all claims are actually fraudulent. Despite this low percentage, many claimants find themselves under surveillance, sometimes unfairly.

Insurance companies argue that surveillance helps prevent abuse of the system, ensuring that benefits go only to those who truly need them. However, many injured workers find these tactics intrusive and stressful, adding unnecessary pressure during an already challenging recovery process.

Common Surveillance Tactics

• Insurance companies may employ several methods to monitor workers' compensation claimants, including:

• Video Surveillance: Investigators may discreetly record you in public places, such as when you’re shopping, walking your dog, or running errands. If you claim you cannot lift heavy objects but are caught carrying groceries, they may use this footage to challenge your claim.

• Social Media Monitoring: Your social media posts can be used against you. A simple picture of you at the beach or attending a social event could be misconstrued as proof that you’re not as injured as you claim.

• Undercover Investigations: Private investigators might speak to your neighbors, coworkers, or even ex-spouses, looking for statements that contradict your claims.

• Long-Term Observation: Even if they don’t catch you the first time, they may continue surveillance over days, weeks, or even months, waiting for any slip-up.

• Tracking Your Routine: Some investigators will observe your daily habits, looking for patterns or inconsistencies in your activities. This could include watching how you move in and out of your home, noting whether you use mobility aids, or even tracking the time you spend outside.

​​​​​​​How to Protect Yourself

If you are receiving workers’ compensation benefits, assume you are under surveillance at all times. Here are some key ways to protect your claim:

1. Follow Your Doctor’s Orders: Never perform activities that go against your medical restrictions. Even if you feel better one day, lifting a heavy object or engaging in physical activities could be used as evidence against you.

2. Be Cautious on Social Media: Avoid posting pictures, videos, or updates about your daily activities. Even an innocent post can be taken out of context.

3. Be Honest in Depositions: If you claim you cannot lift a gallon of milk, but surveillance footage later shows you doing just that, you could lose your benefits or even be accused of fraud.

4. Limit Conversations About Your Case: Avoid discussing your workers' comp claim with coworkers, friends, or acquaintances. Insurance companies may try to gather statements that contradict your injury claims.

5. Know Your Rights: While insurance companies can film you in public places, they cannot enter your home or harass you. If you believe an investigator is overstepping legal boundaries, document the behavior and report it to your attorney.

6. Keep a Personal Journal: Maintaining a daily record of your pain levels, doctor visits, and limitations can serve as useful evidence if your claim is challenged. Consistency in your documentation can reinforce the legitimacy of your case.

7. Consult with an Attorney: If you suspect you are being watched or if your claim is being unfairly monitored, seek legal guidance. An experienced attorney can help you navigate the process and protect your rights.

Final Thoughts

Surveillance is a reality for many workers' compensation claimants. While it is intended to prevent fraud, it can often feel invasive and unfair. The best way to protect yourself is to be honest, follow your doctor’s restrictions, and stay off social media until your case is resolved. If you suspect that you are being watched or feel that your rights are being violated, consult with an experienced workers’ compensation attorney to ensure your claim remains secure.

Understanding how surveillance works can empower you to navigate your workers' compensation case with confidence. By taking proactive steps, you can reduce the risk of being unfairly targeted and ensure that you receive the benefits you rightfully deserve.