You have suffered a work-related injury and are filing a workers' compensation claim in Connecticut. You believe your employer and their insurance company are sympathetic and willing to assist you. What you might not know is that your employer or their insurance company may be conducting surveillance on you.

Workers' compensation insurers have a vested interest in maintaining low costs, which requires aggressive measures to prevent fraudulent claims. In cases involving severe injuries with a high monetary value, it is becoming more common for companies to hire private investigators to collect video surveillance evidence.

You may find this information shocking. You probably feel that your privacy is being invaded unjustly. In many states, workers' compensation investigations are legal and allowed.

Employers and insurance companies may have the right to investigate you, but it is illegal for them to use unfair tactics. Occasionally, injured employees are unfairly targeted. It is even possible that the investigator might misconstrue your actions and cause you to lose your workers' compensation benefits. A single photograph or video can be damning without additional context to explain the action depicted.

To protect your rights, you must be aware of the workers' compensation investigator's strategies that could result in the denial of your benefits. If you have questions or need help with your CT workers’ compensation claim, feel free to contact us today.

When Does CT Workers’ Comp Start Surveillance?

In most cases, insurance companies may commence surveillance immediately after receiving a workers' compensation claim.

Your claim will include information about your injuries and the limitations and work restrictions recommended by your doctor when filing. After reviewing this information, the insurance company will frequently employ a surveillance investigator to monitor your daily activities in an effort to identify any discrepancies between your documented limitations and the activities you engage in on a daily basis.

While any injured worker who files a claim could be subject to surveillance, your activity is more likely to be monitored if you have previously submitted a claim or if your injury is severe. Be aware that even after their initial surveillance is complete, they may continue to monitor you in the future if your claim is prolonged or if your benefit payments are substantial.

Are All Workers’ Compensation Cases in Connecticut Investigated?

Not every case is subject to surveillance. If they believe that your injuries are not as severe as you claim, that you have fabricated them, or that you are working multiple jobs, insurance companies and employers have the right to conduct surveillance.

Many individuals are offended when they discover they are being investigated. It is essential to recognize that worker's compensation fraud is far-reaching. If your employer or their insurer has any reason to doubt your claim or the severity of your injury, you will likely be investigated. Even if your employer has no reason to suspect you of dishonesty, you may still be investigated.

Evidence Private Investigators Hope to Discover

In simple terms, a private investigator hopes to capture you doing something against your physician's orders. For instance, if you have a back injury and your doctor has advised you not to lift anything heavy, carrying multiple heavy grocery bags or landscaping your front yard would be evidence that you are capable of activities beyond your doctor's restrictions. This can be used as evidence that you have no commitment to returning to work or that you have exaggerated the severity of your injuries.

In addition to detecting violations of doctor's orders, the private investigator scans for conversations that indicate misconduct. The law prohibits private investigators from wiretapping or recording private conversations without the consent of both parties. However, they are permitted to record or observe in public if the conversation is audible to bystanders.

What Methods of Surveillance do Insurance Companies Use?

When investigating a workers' compensation claim, insurance investigators are not permitted to engage in unlawful surveillance. Other unlawful activities include trespassing on private property, tapping your phone line, hacking into your personal computer or phone, and tracking your vehicle.

However, investigators have multiple options for monitoring an injured worker. Workers' compensation investigators may observe you outside of your residence. They may even follow you for the duration of the day. Make sure to avoid doing any type of physical activity while you are out in public and to be sure that you are following your doctor's orders.

Recognize that when you are in a public place, you may be observed. These highly trained investigators may even initiate a conversation with you in the grocery store. You could give the insurance company the leverage it needs to reject your claim by making a casual remark.

Here are some of the most common techniques that investigators will use to investigate you:

Performing a Background Check

The insurance company will typically employ a third-party investigator (similar to a private investigator) to conduct a thorough background check on you. Then, the investigator will compile the findings into a report.

The report may include details about:

• Where you currently live
• The type of car that you drive
• Who you live with
• Properties registered in your name
• Businesses registered in your name or your spouse’s name
• Any active licenses or permits
• Criminal history

Typically, the investigator will use this information as the basis for further surveillance.

Photographic and Video Surveillance

The use of video and photographic surveillance is widespread. Typically, the investigator will park outside your residence for two to three days with a compact camera. The investigator will spend hours waiting in their vehicle for "activity" to be captured on camera. 

Sometimes, the investigator will follow you if you leave your residence (for example, to walk the dog). If you drive, the investigator may follow you in a vehicle and continue to videotape you at your destination.

When conducting video or photographic surveillance, the investigator seeks to find out whether you leave your residence, how frequently you leave, and what you do when you do. The investigator will record even the smallest details.

For instance, the investigator will take note of:

• Whether you appeared to be moving around with difficulty
• How long did you remain outside of your home
• If you socialized
• If you carried anything
• If you drove yourself
• How long you drive for
• What your destinations were
• Whether you used an assistive device such as a cane or brace
• How you dressed and what type of footwear you wore
  

The investigator will closely examine everything you do. Unfortunately, the insurance company will use any tiny snippet of activity as "evidence" to deny your claim.

Social Media and Other Online Checks

Online surveillance is one of the most common methods employed by investigators to "dig up dirt" on an individual. Your social media posts and chat room comments can all be used as evidence against you. Remember that an investigator is not required to reveal their identity. They can gather information from you, your family, friends, and even coworkers without identifying themselves.

You may believe that receiving your benefits will end all of your worries, but this is not always the case. Many individuals have been subjected to workers' compensation surveillance following their settlement. In some instances, people have been found guilty of fraud after receiving their settlement.

Adjusters can use your social media posts against you if you file a claim. For example, if you suffered a back injury but posted pictures of you and your friends clubbing, the insurance company could argue that your injury is not as severe as you claim. Insurance adjusters won't just be looking at your social media profiles. They may also view the profiles of your family and friends, your remarks on other users' posts, check-ins, and locations mentioned.

Switching your social media accounts to private and refraining from posting during the duration of your claim is the best advice for using social media after an accident. Request that your peers avoid tagging you. Always keep in mind that anything you or others post online about you is considered public record. Do not allow insurance companies to compromise your claim by using social media evidence against you.

In addition to social media, insurance investigators may examine newspaper articles, photographs, and personal and business websites to determine if any of the information you provided is inaccurate or could be used against your claim. Make certain you never comment publicly on your accident, including in online articles.

Using Public Records

It is also permissible and lawful for insurance companies to review public records, such as financial, insurance claim, real estate, and criminal records, during the course of a claim investigation. Make sure to disclose to your personal injury attorney any information you believe may be uncovered during an investigation. Discuss it with your attorney so that they are prepared for it to come up during the negotiation.

How Do I Determine If I am Being Investigated?

Unfortunately, you will probably never know if you are under surveillance, although there may be hints. Some individuals report seeing unfamiliar vehicles circling their residence or becoming aware of being followed. The majority of investigators are so proficient at their professions that you probably won't notice their presence.

It is advisable to behave as if you are being watched when you are in public or posting on social media. Be mindful of your words and actions before and after your settlement.

Be cautious before discussing your claim with others. Even your acquaintances and family may be used without their knowledge to deny your claim. You must protect your rights as an injured employee. You have the same rights as your employer and their insurance company. Do not forfeit your rights by committing errors.

Avoiding Fraud Allegations

Employee compensation fraud is a criminal offense. To avoid allegations of fraud, it is crucial that you precisely comply with your doctor's instructions. In accordance with the doctor's instructions, refrain from performing any prohibited actions, such as lifting, crouching, and bending over. In addition, you should remember that your only source of income should be workers' compensation benefits.

A Workers’ Comp Attorney at Brandon J. Broderick Can Help You With Your Connecticut Workers’ Compensation Claim Today

A claim investigation by a workers’ compensation insurance company can be intimidating. At Brandon J. Broderick, Attorney at Law, we have decades of experience with accident investigations and the strategies insurance companies frequently employ to undervalue claims. When you employ a personal injury attorney from our firm, we will pursue the maximum compensation for your damages to ensure that your claim is settled fairly.

Our seasoned personal injury attorneys will assist you in understanding the unique aspects of your case, constructing your case, and maximizing your compensation for losses. When you employ a Connecticut personal injury attorney from Brandon J. Broderick's team, you pay nothing upfront. We only collect payment for our services if we win your case. If we lose, you do not pay. 

Contact us immediately for a free evaluation of your case.