Surveillance is a common and sometimes powerful tool that can be used to determine if an injured workers’ 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, your exposure to a claim is significant, 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 potential excuse from Claimants that “they were having a good day” and “you should have seen me the next day—I could barely move.” Multiple days can reveal a broader picture.
• Collect as many statements from a Claimant as you can before you reveal the surveillance. These would include recorded statements, doctors’ notes and reports, any discussions with the Employer, and the Claimant’s deposition testimony. If the Claimant described a wholly different picture of his/her condition in these statements, then the video surveillance will carry more weight.

For more information about navigating workplace injuries, contact Jennifer McDaniel or the Ice Miller Workplace Solutions attorney with whom you most frequently work.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.