How Do Surveillance Videos Impact Workers' Comp Claims?

Surveillance videos have become increasingly common in workers' comp cases, as they can be used by insurance companies to evaluate the validity of a claim. While these videos can sometimes provide valuable evidence, they can also be used against the injured party.

Notably, surveillance videos are often collected by insurance companies or employers to monitor the activities of injured workers. These videos are typically used to show that the worker is engaging in activities that contradict their reported injuries or limitations. 

At Marvel & Emche, P.A. in Salisbury, Maryland, we recognize that surveillance videos can be a powerful tool in defending against a workers' comp claim. However, it’s important to know your rights and how these videos can be used in your case.

The Impact of Surveillance Videos in Workers' Comp Claims

Surveillance videos can be a double-edged sword in workers' comp claims. On one hand, they may be used to show evidence of a worker’s injury or recovery, providing support for the claim. On the other hand, these videos are often used to dispute the extent of an injury, portraying the worker as healthier or more capable than they claim to be.

Insurance companies and employers may use surveillance footage to argue that the worker is exaggerating or even committing fraud by performing tasks that contradict the injury they’re claiming. This is particularly true if the video shows the worker engaging in physical activity that’s inconsistent with the nature of their reported injury. 

Knowing how surveillance can be used against you is crucial in building a strong defense in your workers' comp claim.

Common Uses of Surveillance Videos

There are various ways in which surveillance videos can be utilized in workers' comp claims, and understanding these uses can help you prepare for what may arise in your case. Surveillance footage is often collected outside of the workplace, where workers may not expect to be observed. 

For example, video surveillance can capture workers engaging in physical activities such as running errands, participating in sports, or doing household chores.

Some key factors to keep in mind include:

• Recording during off-hours: Insurance companies often monitor workers outside their work hours, looking for signs that the worker is capable of activities they claim to be unable to do.

• Inconsistency with reported limitations: If the worker is observed doing tasks that require mobility or strength that contradict their claimed limitations, this can be used to dispute their workers' comp claim.

• Long-term monitoring: Some surveillance footage involves long periods of monitoring, allowing the employer or insurance company to create a narrative of what the worker can and can’t do.

Surveillance videos can be collected over a span of weeks or months, which can provide a more comprehensive picture of a worker’s daily activities. Let’s now take a closer look at how surveillance videos can be used to undermine a workers' comp claim.

How Surveillance Videos Can Undermine a Workers' Comp Claim

The main purpose of surveillance videos in workers' comp claims is to undermine the credibility of the worker's injury or disability claims. If the video footage shows a worker performing tasks that seem to contradict their reported injuries, it can raise questions about the legitimacy of the claim. 

This can be especially problematic if the worker's actions appear to demonstrate a level of mobility or strength that shouldn’t be possible with their claimed condition.

For instance, if a worker claims to be unable to lift heavy objects due to a back injury, but surveillance footage shows them lifting heavy boxes at home or participating in strenuous physical activities, the insurance company may use this footage to argue that the worker is exaggerating or even committing fraud.

Legal Implications of Surveillance Videos

When it comes to workers' comp claims, there are legal standards that govern how surveillance footage can be used. Employers and insurance companies must follow certain procedures to make sure that the video evidence they collect is admissible in court. This includes making sure that the footage is obtained legally and that it accurately represents the worker’s actions.

Some key legal considerations include:

• Legality of surveillance: Surveillance must be conducted within the bounds of the law, and any invasion of privacy could result in the footage being inadmissible in court.

• Chain of custody: For video evidence to be considered credible, there must be a clear chain of custody that demonstrates the footage hasn’t been altered or tampered with.

• Informed consent: In some jurisdictions, workers may have to be informed about the surveillance or give consent before it can be used as evidence.

These legal implications are essential to understand, as they can affect the outcome of your case. It’s important to consult with a knowledgeable attorney who can make sure that any surveillance footage used against you was obtained legally and in accordance with your rights. 

Now, let’s discuss some strategies for dealing with surveillance footage in your workers' comp claim.

Strategies for Dealing With Surveillance Videos

If you’re facing surveillance videos that challenge the legitimacy of your workers' comp claim, there are several strategies you can use to defend yourself. One of the first steps is to carefully review the video footage with your attorney. Together, you can identify inconsistencies or limitations in the footage that may weaken the insurance company’s case.

Some key strategies include:

• Questioning the context: Surveillance footage can be misleading if taken out of context. For example, a video showing a worker carrying groceries might not account for the severity of the injury, or it may show a short period of activity that doesn’t represent the worker’s overall limitations.

• Challenging the accuracy of the footage: There may be discrepancies in the footage that can be questioned, such as the timing, the angles of the footage, or even the interpretation of the worker’s actions.

• Presenting counter-evidence: You may have medical records, doctor’s statements, or testimony from other witnesses that support your claim and can counter the narrative created by the surveillance footage.

By utilizing these strategies, you can help mitigate the impact of surveillance videos on your workers' comp claim. It’s also important to keep in mind that surveillance footage is just one piece of evidence in the larger context of your case.

How to Protect Yourself From Surveillance in Workers' Comp Claims

While it’s difficult to completely avoid surveillance during a workers' comp claim, there are steps you can take to protect yourself from its negative impact. First and foremost, it’s crucial to be honest about the extent of your injury and to follow your doctor’s recommendations. 

If your activities are consistent with your reported injury, there will be less risk of surveillance being used against you.

Some key ways to protect yourself include:

• Follow your medical treatment plan: Adhere to the treatment plan prescribed by your doctor to avoid any discrepancies between your claimed limitations and your activities.

• Limit physical activity: Avoid engaging in physical activities that may be caught on surveillance and could be interpreted as inconsistent with your injury.

• Be mindful of your actions: While you may not know when you’re being surveilled, it’s important to consider your daily activities and avoid situations where your actions could be misinterpreted.

Following these guidelines can help make sure that you aren’t giving the insurance company unnecessary ammunition to undermine your workers' comp claim. Now let’s conclude with some important considerations as you move forward with your workers' comp claim.

Contact Us Today

As experienced workers' comp attorneys, we serve clients throughout the Salisbury area, including Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City. Contact us at Marvel & Emche, P.A today to schedule a consultation, and we’ll guide you through every step of the process.