The Role Of Surveillance In Maryland Workers’ Compensation Cases
Injured workers are often surprised to learn that workers’ compensation insurance carriers use surveillance to evaluate claims. Insurers may hire private investigators or monitor social media activity in an effort to challenge the severity of an injury or the legitimacy of a claim. To be informed about how surveillance is used (and how it can be misused), have a conversation with a skilled Baltimore personal injury lawyer.
Private Investigators and Physical Surveillance
Workers’ compensation insurers are financially motivated to limit the benefits they pay. When an employee reports an injury that requires ongoing treatment, wage replacement, or permanent disability benefits, the insurer may look for reasons to dispute the claim. Surveillance is one of the tools used to gather evidence that can be taken out of context to suggest an injured worker is exaggerating symptoms or capable of returning to work.
Surveillance is more common in cases involving significant lost time, permanent partial disability claims, or when an injured worker reports restrictions that limit daily activities. Insurance companies may hire private investigators to observe injured workers in public places. This can include following them to stores, appointments, or social events, and recording video footage of routine activities. Even simple tasks, such as carrying groceries, bending briefly, or driving, may be captured and later presented as an example of a worker not being as injured as claimed.
What these recordings often fail to show is the full picture. Surveillance does not document pain levels, flare-ups, medication use, or the physical consequences an injured worker may experience later in the day. Short clips can be misleading, especially when removed from medical context.
Social Media Monitoring and Protecting Yourself
In addition to in-person surveillance, insurers increasingly monitor social media accounts. Photos, videos, check-ins, and comments on platforms such as Facebook, Instagram, and TikTok can be reviewed for content that appears inconsistent with reported injuries.
So, a comment about how an injured party is feeling better may be used to argue that they have fully recovered. Even old posts or posts taken out of context can be problematic if they appear to contradict medical restrictions.
Surveillance evidence may be introduced during hearings before the Maryland Workers’ Compensation Commission or used during settlement negotiations to pressure injured workers into accepting reduced benefits. Insurers often rely on surveillance to justify independent medical examinations or to seek termination or modification of benefits.
A Baltimore personal injury lawyer understands how surveillance evidence is gathered and challenged. Legal counsel can place information in its proper context, cross-examine investigators, and present medical evidence that accurately reflects the worker’s condition. When insurers use surveillance to undermine a claim, experienced legal representation can make a critical difference in protecting an injured worker’s rights and benefits.
What are best practices following a workplace injury? Have a conversation with the attorneys at Iamele & Iamele, LLP. Injured workers should follow their doctor’s restrictions and avoid activities that could worsen their condition. Limiting social media activity and adjusting privacy settings can also reduce the risk of misinterpretation. To learn more, contact us.
