Is The Insurance Company Allowed To Conduct Surveillance On Injured Workers?

If you suffered a job-related injury in Illinois and filed a workers’ compensation claim, you may have noticed signs that indicate the insurance company is spying on you. For example, maybe you noticed you are being followed. If you think your employer’s insurance company is spying on you, it is highly likely that you are right. Usually, insurance companies put injured workers under surveillance to find evidence they can use against them.

But is the insurance company allowed to conduct surveillance on injured workers? Yes. It is legal for the insurance company to conduct surveillance on injured workers. On top of that, insurance companies are allowed to use any evidence they gather from surveillance against an injured worker. If you think your employer’s insurance company is surveilling you, you must be extremely cautious of what you say and do, especially in public.

Surveillance Tactics Used by Insurance Companies

As much as insurance companies are allowed to conduct surveillance on injured workers, they are prohibited from engaging in illegal surveillance. For example, the insurance company is not allowed to tap your phone line, trespass on your private property, or hack into your phone or computer.

That said, insurance companies have different ways of spying on injured workers. But regardless of which method an insurance company uses, usually, the goal of the surveillance is to prove, among other things, that the employee is exaggerating their injuries, capable of doing more physical activity than they are admitting they are capable of doing, or not really injured. Some of the most common methods insurance investigators use when investigating injured workers include;

• Video surveillance
• Speaking with family, friends, and neighbors
• Online surveillance
• Indirect forms of communication with injured workers

Suppose you suffered a back injury and told the insurance company you cannot lift heavy things. If the insurance company takes pictures and videos of you lifting large bags of shopping into your car, it will likely use those photos and videos against you. These highly trained investigators may even approach you while you are shopping and start a conversation with you to get you to make remarks that can be used against you. If you have a pending workers’ compensation claim, you must be extremely cautious about what you do and say.

Online Surveillance

Many Americans use social media because social media has many benefits. However, you need to keep in mind that what you post online can be used as evidence against you in your workers’ compensation claim. Usually, it is best to avoid social media when you have a pending workers’ compensation claim. But, if you must use social media while your claim is pending, be cautious of what you post. Additionally, if there are posts on your social media pages you feel can be used against you, you need to avoid deleting them because if you delete them, the insurance company might accuse you of tampering with evidence.

Contact a Chicago Workers’ Compensation Lawyer

If you have a pending Illinois workers’ compensation claim and believe the insurance company is surveilling you, it is wise that you contact an attorney. Our Chicago workers’ compensation lawyer at Connolly Injury Law is here for you. Contact us today to schedule a consultation.

Source:

ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68