Workers' Compensation Surveillance: Who is Watching You?

Filing a workers’ comp claim? Expect to be watched. Insurance companies love using surveillance—sometimes even hiring private investigators—to catch fraud or find reasons to deny legit claims. Knowing how they operate and what not to do can help you protect yourself.

When Does Surveillance Happen?

Insurance companies can spy on you at any time, but they’re most likely to do it when your case is close to settling or after you hit Maximum Medical Improvement (MMI). At this point, they’re looking for ways to pay you less or deny your claim altogether.

That said, hiring a private investigator isn’t cheap, so not every case gets this level of scrutiny. But your chances of being watched go up if:

• They think your injury wasn’t work-related
• Your claim is expensive
• You’re collecting long-term wage benefits
• You’re filing for permanent total disability
• You’ve been in treatment for a while but haven’t improved much
• There’s no solid medical proof of your injury
• They suspect fraud

Signs of Fraudulent Claims

Insurance companies are always on the lookout for red flags that might suggest a fraudulent claim, like:

• Being a new employee
• No witnesses to your injury
• Your story changing
• Refusing medical treatment
• A history of workers’ comp claims

But even if none of these apply to you, you could still get randomly watched. Investigators might follow you for days, especially when you’re out in public—like heading to a doctor’s appointment. And it’s not just 9-to-5—surveillance can happen anytime, day or night.

How Do They Conduct Surveillance?

Insurance companies customize their investigations based on your case. They might:

• Run background checks
• Compare medical reports from different doctors
• Set up cameras to record you
• Follow you around in public
• Talk to people who know you

And don’t forget about social media—investigators watch your posts (and even your friends’ and family’s) to catch anything that contradicts your claim.

That said, they have to play by the rules—no illegal recordings, hacking, or tracking devices. But if it’s legal, they’ll use it—so be mindful of what you say and do.

What Is the Investigator Looking For?

Investigators aren’t necessarily trying to prove you’re not injured—they’re looking for evidence that you’re not as hurt as you say. Their goal? Catch you doing something that goes against your doctor’s restrictions.

For example, if your doctor says no lifting over 10 pounds, but you’re spotted picking up your toddler, that could hurt your case. Same goes for driving when you’re supposed to avoid it—if they catch you behind the wheel, it won’t look good.

They also watch for inconsistencies. If you limp into your doctor’s office but walk fine later, that’s a red flag. Even differences between what you tell your doctor and what the insurance company’s doctor reports can work against you.

Bottom line: Be honest and consistent with everyone involved in your case.

What Should You Do?

To protect your workers’ comp claim, assume you’re always being watched and follow these steps:

• Stick to your doctor’s orders – Don’t push past your medical restrictions.
• Watch what you do – Even small actions that seem harmless could hurt your case.
• Be real with your doctor – Don’t exaggerate your injury, but don’t downplay it either.
• Think about appearances – Something as simple as using a self-propelled lawnmower could be twisted against you.
• Stay ahead of any issues – If you know you might have to do something outside your restrictions, talk to the insurance company’s doctor first to avoid unnecessary suspicion.

Contact Us For Help With Your Workers' Compensation Claim

If you need expert legal advice, feel free to call me, Rex Zachofsky, at 212-406-8989 for a free consultation. This conversation is confidential, costs you nothing, and can potentially secure you significantly more benefits than you might otherwise receive.

For more insights on workers' compensation, check out our other resources, including a video on the optimal time to settle your case for the highest possible amount and arm yourself with the knowledge to maximize your benefits.