Archive for April, 2025

It almost seems illogical, but the insurance companies that handle workers’ comp claims will actually invest considerable amounts of money into efforts that essentially spy on injured workers. They’re hoping to find an excuse to deny claims or discontinue benefits. And they may try to use an excuse based on faulty or misleading evidence, so it is essential for injured workers to be aware of how they’re being monitored and the ways their words and actions can be used against them.

Whether you have just filed a claim for workers’ compensation benefits in Pennsylvania or you have been approved and are currently receiving benefits, you could be the target of a variety of surveillance methods. It is essential to understand how the insurance company may be monitoring you. While insurance companies do have the right to monitor workers who file claims to prevent fraud, they are required to honor privacy laws and legal obligations.

Understanding Surveillance

In workers’ compensation cases, surveillance involves observing and documenting the activities of an injured worker who has filed a claim or is currently receiving benefits. The team conducting surveillance activities is trying to identify inconsistencies between the workers’ reported conditions and injuries and their actual behavior in daily life. 

Workers’ compensation insurers engage in surveillance to help assess whether a claim is legitimate or whether there is potential for fraud. If a worker has been receiving benefits and the insurer believes they should have recovered, they may engage in surveillance to determine if the injury still prevents the worker from performing tasks required for their job.

Surveillance can be conducted by either insurance company employees or independent private investigators. Whether in-house or under contract, insurance investigators are trained to monitor and report actions that could indicate that a worker is exaggerating their injuries or the impact of those injuries.

In-Person Surveillance

It is not uncommon for investigators to find themselves in a position where they can observe an injured worker during the course of their daily activities. They may park near the house and use a zoom lens to observe what you do when you come out of the house. An investigator might follow you to the store or doctor’s office to see how you get around. If you claim that you’re unable to walk due to your injuries and they see you taking a brisk walk around the block, for instance, they can video your actions and use that as evidence to dispute the claims about your injuries.

What is not always apparent from an observation, however, is that injured individuals have good and bad days, and that sometimes they are able to undertake an activity for only a few moments. An investigator might see you walk a few feet from your house to your car, but you might have to sit for half an hour to recover from the stress on your back or breathing. It is important to keep your own records of your condition and to keep in close contact with your doctor about the effects of your injuries so that you have evidence that tells the full story.

Video Surveillance

Insurance companies can often obtain video footage from security cameras and other devices showing how you are moving around. As with in-person observations, the images on video only capture brief moments in time. Therefore, it is helpful for you to keep journals and records that document what you are able (or unable) to do during the course of an entire day.

Monitoring Your Presence on Social Media

The job of workers’ comp investigators has been made easier by the advent of social media. Instead of following a claimant to observe their activities throughout the day, some investigators sit at a desk, poring over social media accounts using facial recognition software.

They might send a fake friend request to get access to your posts or just look for public posts uploaded by others. Unfortunately, surveillance through social media posts often reveals outdated information that can make it appear as if you are much more active than you currently are. A friend’s reminiscences about a camping trip or hike may refer to something that happened 20 years ago, but that might not be obvious from a post in which they mention you by name. An investigator could try to use old information to argue that you are not actually disabled by a work injury.

Impromptu Interviews

One very sneaky way insurance companies engage in surveillance is to have an investigator strike up casual conversations with friends, family members, or even the claimant directly to gather information about what the claimant is doing and how they’re feeling. If you say you’re feeling “fine” or “better,” an investigator might try to use that as evidence that you are not injured as badly as you claim.

An investigator might conduct a more straightforward interview in which they ask direct questions. However, they often believe that they will gain more accurate information through covert questioning, so it is essential to be aware that what you say and do at any moment could be subject to analysis. Don’t try to pretend that you’re feeling better than you are, even though you want to keep friends and family from worrying about you. An investigator could ask them about your condition, and they might end up providing inaccurate information because you’ve been trying to protect them from understanding the full extent of your pain and disabilities.

Fighting Back Against Unfair Surveillance Tactics

Workers’ comp insurers will often try to use any argument they can to avoid paying you benefits for an on-the-job injury. They may invest substantial sums in surveillance to “prove” you do not need surgery or that you should be able to return to work when it simply isn’t true.

It is very helpful to have a legal advisor and advocate who knows how to fight back effectively against these unfair tactics. At Vanasse Law, we are dedicated to helping workers get the benefits they need to recover and move forward after a work injury. If you have questions about how to handle surveillance or need help with a workers’ comp claim, contact us today for a free consultation and case evaluation.