Surveillance Videos and the Worker’s Compensation Case

Private Investigators aren’t just on tv…We have encountered many times when a private investigator has been following one of our clients in an effort to catch them doing things outside of their stated capabilities.

We always warn our worker’s compensation clients that the insurance company will most likely hire a private investigator to follow them in an attempt to get video of them doing activities, which they have stated they cannot do because of their industrial injuries.

Such a video can also be used (for or against) an employee in terms of their credibility.  For example, if a judge views a surveillance video of a person shoveling snow, while that person has repeatedly told all medical professionals they cannot shovel snow, that judge may determine that that person has no credibility therefore making the rest of their testimony suspect.  What the judge cannot do is use the video as evidence that the person is not disabled.

While we inform our clients that they can continue to live their lives, we also warn them that they should not be engaging in activities that either they say they cannot perform OR that their doctors have told them not to perform because of their injuries. If they choose not to listen to us, they will inevitably see those actions playing on the video screen at the time of a hearing for the judge to see.

In addition to private investigators, we also warn our clients about the dangers of oversharing on social media, as private investigators and insurance adjusters have been known to pull information from various social medial platforms that can be used negatively against our clients.

If you or someone you know has been injured while at work, please contact The Law Offices of Carolina K. Tumminelli PLLC at 978-256-9655 or 603-881-5300.

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