So you worked against your restrictions, and you think that you got caught on camera. You suspect that it could have a big impact on your workers’ compensation case, and you are not sure what to do next.
Why Was Someone Taking Photos or Video of You?
Very frequently during workers’ compensation cases, insurance companies send out investigators to do surveillance of injured workers. They are looking for documented proof that workers:
- Are working against their doctor-ordered medical restrictions
- Appear uninjured
- Are working another job that they have not disclosed
- Have lied about any aspect of their injury
- Got injured outside of work
- Have prior, undisclosed injuries
You may notice that someone is following you on foot or in a recognizable car, or you may see the same person around town several times. Do not be alarmed – insurance companies do this all the time. You should not confront the person who doing surveillance on you.
Will the Evidence Torpedo Your Workers’ Compensation Case?
Let’s be honest, photographic evidence of you working against your restrictions is not great for your case. The insurance company may immediately try to cut off your benefits. However, you may have a few defenses:
- Your employer threatened to fire you or retaliate against you unless you worked against your restrictions
- Your doctor’s restrictions were not specific enough about your abilities
- You were not at work, and the task you were doing was not repetitive
- You were not aware of the restrictions at the time
You should speak to a lawyer immediately after you think you have been caught on camera to figure out your options. You may have other defenses beyond the ones described here, or you may be in a position to talk settlement with the insurer.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
