Surveillance: Don't Give Them Something to Talk About
If your injury keeps you out of work for a while, you’re probably a likely candidate for the insurance company’s surveillance. Frequently, in cases that involve significant payouts for time off after a work injury, the insurer will want to be sure that you’re not faking or exaggerating your injury. So videotaped surveillance is used to see if they can capture a moment on tape showing you doing something you shouldn’t do, or shouldn’t be able to do.
We’ve heard of not-so-subtle insurance adjusters calling an injured worker and asking about odd things such as facial hair, weight, and other distinguishing characteristics. What the adjuster is trying to say, of course, is something like, “when we’re coming out to get video on you, how can we be sure it’s you?”
Video surveillance is legal, and it’s just one of those things to be aware of, but not stress over. As long as you’re being honest about your injury- which is so critically important anyway- it should all work out in the end, regardless of what the video shows. But having to explain and deal with video that seems like it contradicts what your limitations are, can take extra time and complicate your situation.
So it’s better not to give them anything that they can try to use against your case. Follow your doctor’s restrictions and limitations. This isn’t the time to try to push yourself and see what you can do. For example, if you’re not supposed to bend and lift after a back injury, and you tried to pull weeds in your garden, you could have problems. In addition to possibly hurting yourself physically, you can potentially complicate your case. The problem with the videotape, is that it doesn’t tell the whole story. It’s not necessarily capturing the pain you’re in, or whether you needed days to recover after you overexerted.
As long as you’re being honest, we can likely make things work out. But given the likelihood that the insurance company will be doing surveillance when you’re off work for a long time, it’s best to be cautious. They’re looking for the piece of tape that shows you’re not telling the truth. So if you are being truthful about your injury, there’s no reason to give them something to talk about. Keep it simple for yourself and your case. In the long run it’s likely the best medicine for your health recovery anyway.
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.
