Is somebody following me? Surveillance in Illinois work comp cases
A reader wants to know if it's legal for an insurance company to conduct surveillance on them. Apparently he realized that a car parked across the street from his house was a surveillance company. This reader was actually pretty savvy as he called the police because he knew that to conduct surveillance this company was required to register with the police what they were doing.
Yes this is legal. In cases where the injuries are pretty big or there is a report that the worker isn't as injured as he says he is, insurance companies with hire private detectives to follow you around. Typically they will do this for one to five days. The most common time is after a big snow fall (to see if you are shoveling) or on a really nice weekend day. If they know that you are in a softball league they will probably be there too.
It's honestly not much to worry about. We preach a lot in this site that if you are honest then things will go fine. Same thing here. Who cares who is watching you if you are not exaggerating your problem or ignoring the restrictions your doctor gave you. You also have to live your life so if your doctor says no lifting more than 10 pounds, but you need to bring in the groceries, a Judge isn't going to likely hold against you a one time occurrence. On the other hand, if you aren't supposed to use your arm, but are seen throwing footballs or shoveling the drive you are asking for trouble.
The reader said that he heard from one co-worker that the insurance company hired someone to move in next door. We can all but guarantee that didn't happen because the cost to pay for someone to follow you would exceed what you can recover.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
hello,
two years ago ( 2-21-08) me and my husband were involved in a car accident in portland oregon. my husband was standing on red light and a drunk drive hit us on the back of our car. we were injuried as aresult of the accident. now, two years after our laywer is sending our file to the insurance company. ( he said that the case will be closed around februery of 2010). my question is how do i know if the insurance company hired private investigator to follow after my husband and me? does my lawyer would have known by now if they did hire investigator?
thank you
sara
They don't tell you that they have done surveillance unless it reveals something that helps them defend the case.
thank you for your quick answer.
and if they did hire investigator, how many days after the accident he can follow us? i know it cost to the insurance lots of money.
thank you again
They can do it whenever they want, but typically only do it if there is a big injury or they suspect fraud.
I was recently followed by a PI. I did not have a big problem with this because I did not feel like I was doing anything wrong. However it is my left shoulder that is injured and I bowled. I am right handed, also I asked the Dr. on my first visit if it would be ok to bowl or not, he said that there would not be any problem with me bowling being I am right handed and it would have no affect on my injured shoulder once so ever. I am just getting paranoid that they are going to use this agaist me. If the Dr. had told me no it would not be the best thing I would not of been bowling at all. Am I just freaking out for no reason or should I be worried?
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We reply:
It could be a problem because the argument will be that even if it's not your dominant arm, you still use that arm to help hold the ball. That said, if your doctor's report mentions that bowling is ok, as long as you are not clearly overusing the left arm you should be ok. Wouldn't surprise us though if the insurance company used this to try and cut off your benefits.
I have been given an offer to settle my case. Although it is a good amount, and I also qualify for SSDI, I am not going to accept it due to my young age, and the possibility of just having to live on the offset when the money is gone. My question is...will the insurance company still try to find reason to stop my wages by survailence even when I am deemed totally and permanently disabled by the Government and my Doctor. I know I have been watched in the past, and quite frankly, I never worried about it due to my limitations, but the thought of someone invading my privacy bothers me to no end. Thanks for any advice....