It is not uncommon for someone receiving workers’ compensations benefits to be put under surveillance. It is important to know that if your doctor places you on certain physical restrictions those restrictions apply to not only your work, but what you do outside of work in your daily activities.
Insurers hire private investigator to conduct surveillance on the injured worker, in hopes of catching him/her in the act of performing activities he/she has been advised not to do by the doctor such as yard work, heaving lifting or driving.
The adjuster often knows where the injured worker is going to be since adjusters often schedules the medical appointments for the injured worker. An investigator could be waiting out in the parking lot of the doctor’s office or even sitting next to the injured worker at the same doctor’s office observing and recording activities.
Moreover, investigators know where you live. They can wait for you to leave your home and observe and record your activities.
These investigators are looking for certain activities that the injured worker does that is outside of his/her restrictions set by the treating doctor. This is why it is very important to follow the restrictions that have been ordered by your authorized treating physician.
Please be aware that surveillance videos and/or photographs from the private investigators can be damaging to your case because they don’t show the whole picture. You could be surveilled for a week, but the investigator finds 5 minutes of you doing something beyond your restrictions on a “good day.” Insurers can use the surveillance against you to suspend income benefits, end medical treatment and hurt your chances of obtaining a fair settlement.
Call the Law Offices of Laura Lanzisera if you have any questions or concerns regarding surveillance.