Navigating a workers’ compensation claim can be a stressful journey. Even if your work injury is obvious, insurance carriers still look for ways to minimize their financial responsibility. One of the most common methods they use to deny claims or suspend benefits is surveillance. Our Staten Island workers’ compensation lawyers at Nappa, Monterosso & Poznansky help you understand insurance company surveillance and how to protect your rights and benefits.
Key Takeaways
- Insurers use various surveillance methods to find reasons to challenge your physical limitations and deny workers’ compensation benefits.
- Monitoring efforts frequently ramp up immediately following an Independent Medical Examination (IME).
- Invasive tactics such as recording inside your home are strictly prohibited under New York law.
- Our workers’ compensation attorneys in Staten Island bring more than 30 years of experience and only get paid if we win your case.
Understanding Workers’ Compensation Surveillance
Although being watched feels like an invasion of privacy, workers’ compensation surveillance is a legal, routine practice to monitor your daily activities and physical condition. Insurance companies use it as a tool to verify the extent of a workplace injury and confirm that benefits are necessary.
Why Insurance Companies Watch Injured Workers
The goal of surveillance is to find evidence that suggests an injured worker is more physically capable than they claim to be. Investigators look for a “gotcha” moment, such as someone with a back injury lifting groceries or a worker with a knee injury playing basketball.
In many cases, surveillance is conducted after an independent medical examination (IME), which is requested by the insurer. If their IME doctor’s report differs from your treating physician’s findings, the insurance company may hire an investigator to see which report matches up with your physical limitations.
Types of Workers’ Compensation Surveillance
While investigators are trained to be discreet, there are a few things to look out for if you suspect you’re being watched.
Following You
An investigator may sit in a vehicle near your home or follow you to the pharmacy, doctor’s appointments, or activities like watching your kids play sports. They are trying to see how you move and behave when you think no one’s watching.
Photos and Video
Visual proof is the most common evidence insurers use for a PI video claim defense to deny or terminate workers’ compensation benefits. It’s vital to be mindful of your physical actions, as investigators often use high-powered camera lenses from public vantage points to document movements that contradict your medical restrictions.
Speaking to Neighbors
Sometimes investigators pose as surveyors or delivery drivers to ask neighbors about your daily activities. For example, they might ask if a neighbor has seen you carrying heavy items or doing yard work.
Direct Contact
Although it’s uncommon, an investigator may use false pretenses to speak directly to you, ask questions, and see how you react or move during a conversation.
Social Media
You don’t even have to leave your house for an insurance company to watch you. Insurers frequently monitor Facebook, Instagram, TikTok, and the internet to look for photos, comments, or check-ins that appear to contradict your medical constraints.
Our workers’ compensation lawyers are familiar with these surveillance methods and work to protect your rights against misleading photos and videos or invasive tactics by investigators.
Rules for Surveillance Under New York Law
While surveillance is legal, investigators cannot cross the line into harassment or invasion of privacy.
Restricted Areas
Taking photos or recording in private areas like restrooms or locker rooms is strictly forbidden under New York law.
Inside Your Home or On Private Property
Investigators cannot record you inside your home or peek through windows where you have a reasonable expectation of privacy. Although they can take photos or video from a distance, they must stay on public property or have permission to be on your premises.
Audio Recordings
New York is a “one-party consent” state, which means investigators can record conversations you have with them. However, they are barred from recording conversations they are not a part of. Planting a microphone or wiretapping are federal offenses that can carry serious penalties. If you believe an insurance company investigator has violated the law, make sure to contact your Staten Island workers’ compensation attorney right away.
Electronic Monitoring Notice
Under New York law, employers are required to notify employees if their activity is being tracked on company-provided equipment such as a computer, tablet, or GPS device.
How Surveillance Can Affect Your Workers’ Compensation Case
Taken out of context, a single photo or video clip can be used to destroy your credibility. If a video shows you doing something your doctor said you couldn’t do, the insurance carrier may try to halt your workers’ compensation benefits or accuse you of fraud. Our workers’ compensation lawyers in Staten Island know how to cross-examine investigators and demonstrate the proper context of photos and video evidence.
What to Do If You’re Being Watched
If you suspect the insurance company is keeping tabs on you, don’t panic. It doesn’t mean you’re in trouble or your benefits will be automatically terminated.
- Stay calm. Do not confront or engage with investigators. If a stranger approaches you and starts asking questions, politely end the conversation. Getting into an altercation can damage your case.
- Follow medical advice. The best way to protect yourself is to follow the restrictions set by your doctor. It can be tempting to lift groceries and perform daily tasks and errands. However, if your doctor tells you not to lift more than five pounds, do not lift more than five pounds.
- Avoid social media. It’s best to avoid posting on social media while receiving workers’ compensation benefits. Even if your account is set to private, nothing is really confidential on the internet.
- Talk to your workers’ compensation lawyer. If you spot a suspicious vehicle or notice someone following or filming you, make sure to contact your attorney right away.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
Unmatched local experience — As the largest workers’ compensation law firm in Staten Island, our reputation is built on decades of dedicated service to injured workers in the greater New York City area. We know local judges, medical professionals, and the specific challenges of the New York workers’ compensation system.
Compassionate representation — Our team knows that a work injury affects all aspects of your life and can take a toll on your family. We treat you with the empathy you deserve advocate to help you get the workers’ compensation or Social Security Disability benefits you’re entitled to receive.
Responsive, open communication —While many firms use paralegals and staff to communicate with Spanish-speaking clients, multilingual attorney Rolando Cubela provides direct service you can rely on.
Contingency fee structure— You don’t have to worry about any upfront costs and we only get paid if we win your case.
Find a Workers’ Compensation Attorney Near You in Staten Island
If you believe you’re being watched or have questions about an insurer’s PI video claim defense, the legal team at Nappa, Monterosso & Poznansky, LLP can help. Contact us or call 718-273-9000 today to schedule a free consultation with a worker’s comp lawyer near you in Staten Island. We serve clients throughout the greater New York City area.
