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Ask a Workers’ Compensation Attorney: Can a Workers’ Compensation Investigator Lawfully Follow Me?

In the event that you have submitted a workers’ compensation claim in California, it’s possible that the insurance provider will hire a private eye to keep an eye on you. This investigation’s simple objective is to determine whether the injury or sickness you’ve claimed to have actually exists.

A California workers’ compensation attorney claims that this kind of surveillance is typically permitted. But there are some boundaries that investigators must not breach. There are things you can take to safeguard yourself and your claim if you think you are the subject of an inquiry. Keep reading to learn more. Contact PLBH at (800) 435-7542 for a free legal consultation.

What private investigators might be able to do

To determine if you are exaggerating your injuries or illness or whether you are outright engaging in workers’ compensation fraud, a private investigator may employ a variety of strategies. This might comprise:

Online Surveillance: A detective may keep an eye on your social media accounts to see what you publish, what you like, and even what comments and check-ins you make. Be extremely cautious about whatever you post on social media while your claim is pending because it could be used against you in this way.

Direct Contact: You can receive a call on your cell phone or at home.

Video and photo surveillance. Video and photographic surveillance may be used to observe your home and your movements while recording and documenting you as you go about your daily activities. Anything you do that seems to go against your doctor’s orders could be used against you. Pictures and videos of your activity could be used as evidence that you are not as injured as you claim to be, for instance, if you claim to have a back problem but are seen performing severe yard work.

Direct surveillance. This involves a person being followed while they go about their regular activities and may or may not include the taking of photos and videos.

Interviews with others. Investigators may speak with your friends, relatives, and neighbors about your injury during interviews.

You will probably feel like it is a significant invasion of privacy if someone is following you, taking your photo, or even observing what you do online if this form of surveillance is conducted. The majority of this, however, is entirely legal, as a California workers’ compensation attorney may clarify.

There are limits on what an investigator can do

In most cases, a private investigator has the right to record you on camera and in images when you are in a public area. An investigator will be in compliance with the law if they do not invade your privacy in order to photograph or record you. The investigator can take pictures of you if you are cutting trees in your front yard, but he cannot scale a fence to do so.

A workers’ compensation insurance company may look into every element of your life if you’ve submitted a claim. You may be able to avoid some of this by hiring a California workers’ compensation attorney. At PLBH, we collaborate with our clients to ensure that their workers’ compensation cases have the best chance of success. To arrange a consultation, get in touch with us right now at (800) 435-7542 or