After you bring your workers’ comp case, the odds are very high that the insurance carrier will hire an investigator to try to get video footage or stills of you engaging in some of your daily activities. Investigators have a vital role in ensuring the integrity of the system by investigating claims so as to prevent fraud and abuse. However, there are strict regulations in place to protect you and your right to privacy. Here is what workers’ compensation investigators cannot do to you:
HARASSMENT OR INTIMIDATION
Investigators may try to engage you in conversation, but you are not required to speak with them. And investigators are prohibited from engaging in any form of threats, using aggressive language, or behavior intended to intimidate you.
UNLAWFUL SURVEILLANCE
Be aware that insurance carriers commonly employ “sub rosa” investigators to gather video and other evidence of your activities. Facebook, Tik Tok, other social media, and public places are all fair game. If you have a workers’ comp claim, you should think twice before posting, or, better yet, simply abstain from posting during the pendency of your claim.
UNAUTHORIZED ACCESS TO YOUR MEDICAL RECORDS
Investigators cannot obtain or review your medical records without your written consent or a valid court order. Moreover, they cannot interfere with your medical treatment or attempt to speak with your doctors.
DISCRIMINATION OR RETALIATION
This includes taking any adverse actions against you because you brought a workers’ compensation claim. It is illegal to retaliate, and you have recourse against both the investigator and the insurance company in the form of monetary penalties which can be ordered by a workers’ compensation judge.
UNLAWFUL SEARCHES OR SEIZURES
Investigators must adhere to your Fourth Amendment protections against searches and seizures. They cannot search your property without your consent or a valid warrant. They cannot take or damage any of your personal property
IT IS ALSO ILLEGAL FOR INVESTIGATORS TO:
Trespass onto your private property,
Enter your home without your consent,
Hack into your email, computer, or phone,
Put a tracking device on your car, or
Impersonate law enforcement officers.
If you find yourself face to face with an investigator it’s best to ignore them. If you are in a public place, you should leave if possible. If you feel unsafe you should immediately call the local police.
The insurance companies give marching orders to investigators to persist until they get a snippet of footage that they think they can use against you. Typically, they will use the film in court or provide it to your Qualified Medical Examiner with the hope that your workers’ comp claim will be denied or reduced in value.
If an investigator tries to violate your rights, your attorney should immediately put the insurance carrier’s attorney and adjuster on written notice of the abusive behavior. This generally puts an end to the problem.