Watch what you say, watch what you do.
Insurance companies will often perform surveillance on workers claiming injury and disability. The level of surveillance activity depends upon a number of factors, including the aggressiveness of the employer, the body part injured, the type of injury and the activity level of the injured worker. For instance, if you have a foot injury, an insurance company may try to obtain surveillance to show how you go up and down steps, get in or out of a car or to see if you walk with a limp. If you have a back injury, a surveillance investigator may try to obtain video when you are at the supermarket carrying grocery bag or lifting your child in / out of the shopping cart. Surveillance evidence can be damaging to a case, particularly if you are shown performing physical activities inconsistent with what you say you cannot do. Insurance companies try to perform surveillance when they know of an upcoming event, such as a hearing, doctor appointment / IME or deposition.
Just as damaging is what you say. Insurance investigators can gain access to social media websites, such as Facebook or Myspace. You have no right to privacy when posting on these sites. Social media users typically post information and photographs about vacations, activities they recently performed and social events they attended.
So here is the bottom line. Be careful what you do! Be careful what you say!
The Philadelphia work accident attorneys at PearsonKoutcher, LLP understand how critical and damaging surveillance can be to a case. We understand that insurance companies have many tools at their disposal and will utilize surveillance to cast doubt on the injured workers’ allegations of injury and disability. Unfortunately, surveillance doesn’t depict you in moments of pain, like when you can’t get out of bed in the morning or have difficulty tying your shoe due to back pain. Surveillance investigators often edit the film, and the camera stops recording when the injured worker actually shows signs of injury and functional limitation.
PearsonKoutcher, LLP workers compensation attorneys will challenge the testimony of the surveillance investigators, present the injured worker for testimony explaining the surveillance, and make sure the treating physician of the injured worker is aware of the surveillance.
If you have been injured at work, contact the experienced, aggressive and compassionate workers’ compensation law firm PearsonKoutcher, LLP.
Email Jon: Jon@pearsonkoutcherlaw.com
The Philadelphia Workers Compensation attorneys at Pearson Koutcher, LLP, are dedicated to the singular goal of securing maximum compensation and full benefits entitled to injured employees under the laws of Pennsylvania. Their years of experience as seasoned, skillful trial lawyers and negotiators, along with their compassion and diligent understanding of the significant impact a workplace accident can have on an injured worker’s life, motivate the attorneys of Pearson Koutcher, LLP, to approach each new client individually, with meticulous consideration to their specific individual considerations and circumstances. Call our office today at 215-627-0700 or email us to discuss the particular facts of your Pennsylvania Workers’ Compensation matter.