Can Workers’ Compensation Place Me Under Surveillance in Florida?

When you are injured at your place of work, it can be incredibly upsetting. However, you may take comfort in the fact that you can recover lost wages and the cost of medical care through your company’s workers’ compensation insurance. If you are unable to work while you heal, however, you may get the sense that someone is following you. Unfortunately, this is a common practice, as the workers’ compensation insurance company may hire an investigator to surveil you. The following blog explores the legality of these matters, common methods, and your legal options. In addition, you’ll learn the importance of working with a Florida workers’ compensation attorney to assist you through these difficult times.

Is It Legal For Workers’ Compensation Insurance to Surveil Me?

The feeling that you are being followed or watched can be incredibly unsettling and upsetting. However, it’s important to understand that, as long as no privacy laws are violated, surveillance is not illegal in Florida. In fact, this is a common method used by insurance companies to verify the validity of a claim, with the hopes of uncovering inconsistencies to challenge an injured worker’s claim for compensation.

It’s critical to understand that investigators are required to tread the line between surveillance and stalking carefully. Investigators cannot trespass, record inside your home, or harass you. This can turn into a stalking matter in the event that the investigator begins intentionally causing emotional distress through persistent and malicious following and contact.

What Are Common Surveillance Methods?

There are a number of methods that investigators hired to surveil injured workers will use to help the insurance company. With the rise of social media, many investigators receive a considerable amount of information from the profiles of those who are injured. They may watch your Facebook, Instagram, Twitter, and TikTok accounts for any activity or posts that can invalidate your claim. Additionally, any check-ins or location tags can be used to challenge the validity of your claim.

Some investigators will engage in physical surveillance. This means they may sit outside of your home for prolonged periods of time to monitor your activity. Additionally, they may follow you to different locations, like the grocery store or your doctor’s office. They will look for any actions you take that may deviate from your claims. For example, if you are unable to work because you are restricted from lifting more than 10 pounds, but you are seen carrying a 50-pound bag of dog food out of a pet store, this can be used against you.

When you are placed under surveillance after filing a workers’ compensation claim in Florida, it can be incredibly uncomfortable and upsetting. That is why it’s in your best interest to connect with an experienced attorney with the Law Office of Kevin A. Moore. We can help you navigate all aspects of the workers’ comp process, including your rights and how to proceed in the event the insurance company has you surveilled. When you need help, do not hesitate to contact our firm today to learn how we can represent you.