Workers’ Comp Private Investigator Tactics

Employers and workers’ compensation insurers may hire private investigators to monitor employees on workers’ comp to determine the validity of employees’ injury claims. During a workers’ comp investigation, an investigator may interview employees’ family members, friends, and neighbors and surveil employees during their daily activities to obtain evidence that may undermine an employee’s workers’ comp claim. 

For example, an investigator may photograph or video an injured worker playing sports or doing yard work even though the employee has claimed that injuries or disabilities prevent them from working. However, employees have various rights under the workers’ compensation laws regarding surveillance tactics by private investigators working for employers and insurers. 

Actions Private Investigators Take in Workers’ Compensation Cases 

Private investigators can gather evidence against an employee’s injury claim through various surveillance tactics. Some of the typical activities of private investigators in workers’ comp cases include: 

• Conducting photo and video surveillance by following employees in public or filming employees outside their homes
• Interviewing employees’ family members, friends, and neighbors to learn more about an injured worker’s daily activities
• Running background checks to determine whether employees have other jobs they continue to hold
• Monitoring employees’ social media accounts for posts that may contradict an employee’s injury claims, such as photos of an employee playing sports or traveling for leisure 

Workers’ Compensation Surveillance and Your Rights 

While private investigators may engage in certain activities, they cannot undertake unlimited surveillance of your private life. Laws prohibit investigators from certain monitoring activities, such as: 

• Tapping your phones
• Placing tracking devices on your vehicles
• Hacking into your emails
• Entering your property without your permission
• Impersonating law enforcement or government officials

When an investigator working for the workers’ comp insurance company calls you, they must inform you if they record the call. 

When your employer or the insurance company hires an investigator who undertakes illegal actions to monitor you, you can hold your employer or the insurance company accountable by filing a petition with the Industrial Commission. 

Steps to Take If You Suspect an Investigator Is Monitoring You

 If you believe that a workers’ comp investigator working for your employer or the insurance company has begun monitoring or surveilling you, you can take steps to protect your privacy and rights, including: 

• Decline to speak with workers’ comp investigators and advise your family members, friends, and neighbors not to speak to the investigators. You can direct the investigators to contact your lawyer if they require information.
• Place your social media accounts on the highest privacy settings to prevent public viewing of your posts. Do not accept requests to connect from anyone you do not know. Avoid social media activity like posting photos or videos of yourself while undergoing treatment and rehabilitation.
• Follow your doctor’s medical treatment plan and recovery instructions, including any restrictions on activities.
• Contact a workers’ compensation attorney from Poisson, Poisson & Bower, PLLC, to discuss your legal options. Experienced legal representation will protect your rights to workers’ compensation benefits when a workers’ comp private investigator monitors you for evidence they can use to terminate your benefits. Reach out online or call us (888) 305-4346 today to get started with a free consultation about your workers’ compensation claim.