People who are injured at work and file a claim for worker’s compensation benefits are surprised to learn that their employer’s insurance company can lawfully hire a private investigator to film them going about their daily life. Known as surveillance videos, these recordings are attempts to catch people engaging in activities that contradict their claims of injuries and limitations. While insurance companies claim they are fighting fraud, the videos often paint an incomplete and misleading picture of a person’s physical conditions and the limitations they experience because of their injuries. A few minutes of footage cannot capture the pain, fatigue, or medical restrictions that become a person’s reality after a serious workplace injury.
A surveillance video is footage taken by a private investigator to record an injured person performing their daily activities. The goal is to capture the injured person doing something that contradicts their claim of being injured, or performing activity outside of their work restrictions. An insurance company might hire a private investigator to record a claimant performing physical tasks, like lifting heavy objects or running errands, to argue that those activities contradict the injured worker’s claimed injuries or disability. But just because a video shows a person being active does not mean they are doing anything wrong. The video only presents a problem if it shows a person doing something they claim they cannot do.
An insurance company may hire a private investigator to take surveillance of an injured worker in an attempt to gather information that contradicts the worker’s claimed injuries or limitations. Common tactics include:
Depending on what the video shows, a surveillance video may or may not have an impact on an injured person’s claim for worker’s compensation benefits. Insurance companies attempt to use surveillance videos to show inconsistencies between what a claimant says they can and cannot do versus what the video shows them doing. If the video appears to show the injured person engaging in an activity that is beyond their stated limitation, the insurance company may argue that the claimant exaggerated or falsified the extent of their injuries. For example, if you told your doctor you cannot lift more than 20 pounds, but the video shows you lifting more than that, the video could be used to show that your limitations are not as severe as you claim. In addition, if your doctor provides you with temporary or permanent work restrictions of no lifting more than 20 pounds, but the video shows you lifting more than that, the video could be used to undermine the credibility of your doctor.
However, understand that everyone — including injured workers — has good and bad days. This is why we advise our clients not to exaggerate or downplay their symptoms. If your condition varies, be honest about it! A single video on a good day will not necessarily undermine your claim. And if the video shows that you truly struggle with daily activities, it can actually help your claim! Having a well-documented medical history that reflects the full range of your experiences will help protect your claim for benefits.
Many people understandably feel violated and angry when they learn an insurance company took photographs or video footage of them without their knowledge. Even though obtaining surveillance video footage may be legal, being recorded without your consent can feel disrespectful and demeaning, particularly if the footage is used to challenge your honesty or exaggerate your actions. The experienced worker’s compensation attorney team at Kingree Law Firm knows Wisconsin law as it relates to the use of surveillance videos. Depending on the nature of the video, we will fight to turn the tables on the insurance company and use the video to strengthen your case.
Kingree Law Firm is an experienced and highly sought-after Wisconsin worker’s compensation law firm. Our worker’s comp team exclusively represents injured workers in claims for worker’s comp benefits. We primarily handle cases outside the Milwaukee area and have earned a reputation as one of the top worker’s comp law firms in the state. If you experienced a workplace accident or suffered an occupational injury that caused significant lost time from work, permanent disability, permanent wage loss, or if your claim for worker’s compensation benefits was denied, Kingree Law Firm can help. Contact Kingree Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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