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Michael J. Doyle, Attorney At Law Michael J. Doyle, Attorney At Law
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Can My Employer Spy on Me After I File a Workers' Compensation Claim?


There is a fairly age-old fear that an employer will make an attempt to spy on or surveil an employee who files a workers’ compensation claim. The idea is the employer hopes to catch the employee doing something they should theoretically be unable to do if they were actually injured. For example, if a worker says they hurt their back, the employer might try to get evidence in the form of photographs or video of them lifting heavy groceries. As strange as it might seem, this is actually a justified worry, and employers do try to “spy on you” if you file a workers’ compensation claim.

Many companies with some money to spare will hire private investigators to follow you around after you file a workers’ compensation claim to see what you are doing in your day-to-day life. Some companies have special investigators on retainer or on staff to maximize their spying efficiency. You might not like it, but they do have the ability to watch you as long as it does not violate your right to privacy or make you feel reasonable threatened by the watchful presence of the investigator.

Typical P.I. work can include:

  • Staying outside of your home during hours you are known to be there.
  • Following you to any public destinations when you leave home.
  • Taking photographs of any physical activities you engage in.

Spying in the Cyberverse with Social Media

Today’s investigators are less likely to stake out your home at midnight than they would have been 10 years ago. Now, claim investigators know most of what they want to find can be found on social media. If you went to a concert and there is video of you jumping around and singing, then the investigator will probably download a copy of it and use it as evidence of your lack of disability.

Laws regarding social media protection have not been favorable to the common person, either. For the most part, courts consider everything posted to a social media site, like Facebook and Twitter, to be public information. Setting your profile as private is still not enough, assuming at least one other person can access your posts.

Albuquerque Workers’ Compensation Lawyer – 505-219-2176

The bottom line is you need to be aware of what a claim investigator might see and consider fraud after you file for workers’ compensation. At the same time, you have the right to stand up for yourself and protect your benefits if they try to misconstrue “evidence” and deny or end your benefits. If you need assistance with your claim in anyway, Albuquerque workers’ compensation Attorney Michael Doyle is here to help. Contact his law firm to discuss the situation and what to do next during a free case evaluation.