The Employer/Insurer may place an injured employee “under surveillance”. In theory, the insurance company uses surveillance to determine the “true” extent and nature of the claimant’s personal activity as it relates to an alleged work injury. If done correctly, this type of evidence may be persuasive to the judge. This evidence must show that the employee misrepresented his or her physical condition or that a return to work has been made. However, if the investigator unlawfully invades the injured workers’ right to privacy or entraps the employee into a particular activity, then the claimant may have a right of action against the insurance company and the investigator.
If you have been injured on the job and think the insurance company has someone taking footage of you, call us today at 404-355-3431.