Workers’ compensation in Pennsylvania is a system designed to help you receive the medical care and income support you need if you’ve been hurt on the job. It’s intended to be a simple system that enables you to get the right care quickly without the need for a long legal claim. But the insurance companies that are supposed to provide benefits in your time of need often try to avoid doing so to keep their profits high. They are looking for any evidence they can use to deny your claim or discontinue paying benefits.
You may be giving them that evidence without realizing it if you have any presence at all on social media. Even if you don’t have any accounts on Facebook, Instagram, Twitter, TikTok, or other platforms, you may be appearing in other people’s posts, and the information online can be used against you. If you need to file a claim, are in the midst of the claims process, or even if you’re already receiving workers’ compensation benefits in Pennsylvania, you need to be aware of what social media can do to your workers’ comp case and how you can protect yourself.
In a workers’ comp case, you don’t have to prove that your employer did anything wrong or negligent in order to receive benefits after a work injury. So, insurance companies can’t focus on liability as a reason to deny a claim. Instead, they focus on issues such as whether your disability is truly connected with work and whether your disabling condition actually prevents you from working. They may use multiple investigation tactics hoping to uncover information that shows that your injury occurred when you were away from work, maybe participating in a hobby.
They will also be checking to see whether your condition is as disabling as you claim. Statements you make on social media can be taken out of context and used to demonstrate why you should not be receiving benefits. For instance, if you celebrate a win at a volleyball game, they may see that as proof that you are healthy enough to be playing an active sport. Your post may have been talking about your daughter’s volleyball game that you had to watch from a wheelchair, but that may not be obvious from the quote taken from your social media post. You need to be prepared to counter the insurance company’s evidence with evidence of your own.
Sometimes we all do things that we know will cause pain later out of love for our children or grandchildren. You might bend down for a hug even though it causes back pain. You might go to a birthday party even though you can only stay for half an hour, and you’re so wiped out afterward that you have to stay in bed for three days. Social media shows only a quick snapshot of the positive moments in our lives, so the pain after is left out. But if you post anything on social media while you’re in the middle of a workers’ comp claim or receiving workers’ comp benefits, you need to keep records to show the full story. Document the accommodations you needed to make to attend that party and how it affected you afterward. Then, if the insurance company points to a picture of you hugging your grandchild and says your back must not be injured, you have evidence to counter that argument.
Even if you are not posting images or statements on social media, you might appear in posts from friends, family, or people you don’t even know. Facial recognition software has become very sophisticated, and insurance companies can search for your image through a vast array of sources with very little effort. They might find images of you at that birthday party or volleyball game. Those images might not show that you had to have help getting into the room, that you needed to sit with back support, or that you only stayed a short time. They only give a small part of the story.
People post information not only about what’s happening in their lives currently but also show images from years or even decades ago. You could be tagged in an old photo showing you moving around in ways you can’t even begin to manage now.
While there is no failproof method to prevent insurance companies from wrongfully denying your claim due to social media posts, there are a few steps you can take to protect yourself:
In addition, you should be wary of communicating about your condition via email other than with your attorney. Your communications with your lawyer are protected by attorney-client privilege, but the same is not true of messages sent to anyone else.
Whether they know it or not, insurance companies often base their decisions on incomplete information when they’re evaluating workers’ compensation claims. In many cases, the only way to ensure that your claim receives full and fair consideration is to consult an attorney who knows how to overcome insurance company tactics.
At Vanasse Law, we’ve dedicated our practice to helping workers get the care and resources they need after an injury on the job, so we know what it takes to succeed against the insurance companies. To discuss your claim with us for free, contact us online or call 717-397-1010 for a same-day response. After hours, you can text us at 717-471-2168 because every minute counts when you’re dealing with a disability.
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
Office Hours:
After Hours: 717-471-2168
Fax: 717-397-2644
Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
Located in Lancaster, Pennsylvania, Vanasse Law LLC serves injured workers throughout Lancaster County and surrounding communities.
© 2018 by Vanasse Law LLC. All rights reserved. Sitemap | Disclaimer | Privacy Policy
