Will I Be Followed by a Workers’ Comp Investigator?

Will I Be Followed by a Workers’ Comp Investigator? Date: Jan 23, 2022

After filing a workers’ compensation claim following a workplace injury, you should know that the insurance company representing your employer will gather evidence of the injury before making a decision about your benefits. They can do so by getting copies of medical tests and following through on other methods. This guide explores what you can expect when your employer hires a workers’ comp private investigator to verify your claim, such as when workers’ comp starts surveillance and what workers’ comp investigators look for.

Workers’ Comp Private Investigator

Many clients who come to us at Argionis & Associates ask, “Will I be followed by a workers’ comp investigator?” They’re often worried about their privacy and their claim. The short answer is that an investigator may be hired to investigate your claim. Understanding the role of the investigation and knowing what to do can ease some of your concerns.

What Does a Workers’ Comp Investigator Do?

A workers’ compensation investigator uses common investigative techniques to ensure the truth of your claim and accident and the extent of your injuries. These techniques might include reviewing medical records and accident reports, interviewing the relevant parties, inspecting the scene of the accident, assessing the employer’s safety protocols and establishing your state after the accident occurred.

How to Know If a Private Investigator is Following You?

An investigator will typically only perform techniques that pertain to the nature of the issue that triggered the workers compensation investigation. For example, an investigator may only focus on interviewing witnesses and reviewing surveillance footage if the employer or insurance company suspects fraud. Still, there are limits to what they can do. Investigators can use methods like:

• Taking videos and pictures of the claimant, or person filing the claim, in public spaces
• Calling the claimant and having direct contact with their co-workers, family and friends
• Tracking the claimant’s movements in public places
• Monitoring social media accounts

Investigators are not allowed to do the following:

• Enter the private property without your permission.
• Use fake names or conceal their identity to gather information about the claimant.
• Put video or audio surveillance on private property to gather information.
• Take pictures or videos through windows or openings to private property.
• Tap your phone or hack into your emails.

When Does Workers’ Comp Surveillance Start?

Any time after you file a claim, an investigator may follow you or investigate you. Workmans comp investigations are more likely when you have previously filed claims or have a large claim, or the insurance company suspects fraud. Still, your employer or insurance company may still assign an investigator to you even if your claim is not suspicious. Doing so may allow them to find evidence that you are not as injured as you reported, allowing them to avoid paying benefits.

Workers’ Comp Private Investigator Tactics

To ensure you know what to expect, here are some common workers’ comp private investigator tactics that they might use:

• Video surveillance: A private investigator may watch what you do around your house and take video and photographic evidence of you in public spaces. This evidence may work against you if it appears that you are not following your doctor’s orders.
• Direct contact: Investigators may speak to you directly to earn statements that might challenge your claim. Avoid speaking about your injuries and treatment with anyone and decline to talk to them until you contact your workers’ compensation law attorney first.
• Interviews: Investigators may interview your friends, family, neighbors and co-workers to gain insight into your daily activities and injuries. These interviews aim to uncover any exaggerations or inconsistencies in your claim.
• Direct surveillance: Investigators may follow you in public spaces, such as grocery stores, public parks, shopping malls and your yard or driveway.
• Online surveillance: Private investigators may monitor your social media posts. Even if your account is private, your pictures, videos and information about you can reach investigators when friends share or repost them.

Tips to Protect Yourself During a Workers’ Comp Investigation

If you believe a workers’ comp investigator is monitoring you, consider the following steps to protect your rights and privacy:

• Stick to your doctor’s orders: Abide by your doctor’s medical treatment plan, recovery instructions and medical restrictions on activities after your injury. If an investigator sees you disregarding your doctor’s advice, they may assume that it is because you are not as injured as you reported to your doctor and in your claim.
• Watch everything you do: Avoid even small actions that might hurt your case. For example, you may want to avoid using a self-propelled lawnmower, which might make it seem like your injuries are not as severe as stated. You should also avoid posting videos and pictures of yourself while you undergo rehabilitation or treatment. Consider asking your friends and family to do the same.
• Gather evidence to support your claim: To improve your chances of proving your compensation claim against an investigation, gather as much evidence about your current situation as you can. Document and report all interactions, communications and inconsistencies. You can also record your symptoms and how they affect your daily life.
• Understand your rights under workers’ compensation laws: Remember that you have rights and obligations under workers’ compensation laws. You can build your awareness by speaking with a knowledgeable workers’ compensation law attorney. These professionals help protect your rights and provide valuable guidance.

Work With a Workers’ Compensation Lawyer at Argionis & Associates

Do you suspect a workers’ comp investigator is monitoring you? Argionis & Associates is a personal injury law firm in Chicago that helps employees receive the compensation they deserve for their workplace injuries. Our workers’ compensation law attorneys have helped thousands of clients, giving us the experience and knowledge to deal with insurance companies and investigative situations.

We can also travel to you, so you won’t even have to try to come to our offices if you’re too injured to travel. If you’re in danger of losing benefits or need help with the Illinois workers’ compensation process, contact Argionis & Associates for a free consultation.

Related:

– Can I Go On Vacation While on Workers’ Comp?

– Workers’ Compensation Retaliation from Employers

– Workers’ Compensation Benefits

George Argionis

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.