Using Surveillance in Workers Compensation Cases
Surveillance is a common and sometimes powerful tool that can be used to determine if an injured worker’s claim is valid and/or whether they are committing workers compensation fraud. You should consider using video surveillance in cases involving extended periods of loss time, exposure to a claim that is significant, when the claimant needs an unusually long period of time to recuperate and/or there are indications the accident was not legitimate. Here are a few tips:
Consider obtaining a background check with the surveillance. Sometimes these checks can reveal other causes of injury such as a previous injury claim or another incident not related to employment where the injury might have occurred.
Obtain more than one day of surveillance. This helps to avoid the common excuse from claimants that “they were having a good” and “you should have seen me the next day, I could barely move.” Multiple days reveal a broader picture.
Collect as many statements from claimant as you can before you reveal the surveillance. These would include recorded statements, doctors’ notes and reports, any discussions with the employer and claimant’s deposition testimony. If claimant described a wholly different picture of his/her condition in these statements then the video surveillance will carry more weight.
To learn more, please contact Jennifer McDaniel
or the Worker's Compensation
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.