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Morton Law Offices, Chartered

If I file a workers’ comp case, can the insurance company engage in surveillance?


If you have a pending workers’ compensation claim and see a strange car parked outside your home for a few hours or days, you may not be paranoid if you suspect your employer’s insurance company is spying on you. Unfortunately, they often hire private investigators to videotape you and determine if you are as injured as you claim. However, there are limits on what they can do.

What Private Investigators Can and Can’t Do

Knowing what private investigators are permitted to do can help you protect your workers’ compensation case. Generally, they must work within the following guidelines:

  • Investigators can videotape you in public places. They are looking to see if you engage in activities you claim you are too injured to perform because of your workplace accident.
  • Investigators cannot videotape you in your home.
  • Investigators can interview your friends, family, or neighbors.
  • Investigators can fake an emergency—like a flat tire—to trick you into doing an activity you claim you cannot do.
  • If you are represented by an attorney in your workers’ compensation case, a private investigator hired by your employer’s insurance company cannot speak to you, and you should not talk to him.
  • Remember that you may not always be aware of being followed by a private investigator. You should assume that any time you are out in public, you could be videotaped. Always act accordingly so you do not give your employer ammunition to deny your claim.

If you suffered injuries in a workplace accident and need to file a claim for workers’ compensation, call me at 888.716.8021 for a free consultation to learn about the benefits you could be entitled to.