After you've been injured at work and filed a workers' comp claim, the insurance company representing your employer will gather evidence of the injury before making a decision about your benefits.
In certain cases, in an effort to prove that the injured workers is not as injured as they say they are, they hire workers comp investigators. Sometimes this is warranted to uncover fraudulent claims.
You’re more likely to be placed under investigation if you have a large claim, have filed claims before, or if the insurance adjusters have any reason to be concerned about fraud.
However, even if your case shows no red flags, investigators may still be assigned to you. They may be trying to collect evidence that you aren’t injured or are less injured than reported so that they don’t have to pay benefits.
Worker's Comp Investigators' Tactics
Private investigators use many tactics when they’re hired by insurance companies, including:
- Video surveillance: Investigators may monitor your house and even take photographic and video evidence of you in public spaces, especially if they see something that may be construed as you not following doctor’s orders.
- Direct contact: Private investigators may call your home.
- Interviews: Your friends and neighbors may be interviewed by investigators, as well as your coworkers and family.
- Direct surveillance: In some cases, investigators may follow you.
- Online surveillance: Anything you post on social media may be seen by private investigators. Even if your settings are set to “private,” keep in mind that if anyone you’re friends with reposts your photos or information, investigators may have access to it. They can also monitor your internet activity. For these reasons, you should treat anything you post or search online with caution, assuming it can be seen.
The following tips are crucial when workers comp investigators investigate you
- Follow your doctor’s orders and restrictions: If your doctor tells you not to walk or perform other activities, avoid those movements entirely, even for short bursts of time. Get your medical professionals to write down every activity that’s restricted, and follow the list.
- Use social media responsibly: Avoid posting or commenting about your injury online, even if you think you’re using a private or encrypted mode of communication.
- Assume an investigator is checking your movements: Since there’s no way to know whether you’re under investigation, it may be safer to assume someone is monitoring your claim. That way, you won’t be surprised.
About the author
Bilal Kassem President and Co-founder
Bilal Kassem, is the co-founder of Pacific Workers. Bilal has been nominated for Applicant Attorney of the Year. His passion for helping injured workers brings his leadership with his team to assist with empathy and world-class customer service. He fosters a supportive atmosphere, which is why each one of his team members feels empowered to excel. With a 98% success rate at Pacific Workers, Bilal is on a mission to continue to educate and serve any injured worker in CA.