If you have been injured at work and are receiving workers’ compensation benefits in Pennsylvania, you should assume that the workers’ compensation insurance carrier is investigating your claim and conducting insurance surveillance
Many injured workers are surprised to learn that insurance companies sometimes conduct surveillance or review social media activity to challenge a claim. While receiving benefits does not mean you lose your privacy rights, it is important to understand that your public activities and online presence may become evidence in a workers’ compensation case.
This guide explains how surveillance and social media can affect Pennsylvania workers’ compensation claims and what injured workers should know to protect their rights.
Workers’ compensation insurance carriers are responsible for paying medical and wage-loss benefits. As a result, they often investigate claims to determine whether they believe an injured worker's reported limitations are consistent with their activities.
Surveillance may be conducted when:
Surveillance is often performed by private investigators hired by the insurance company.
Insurance companies may use several different investigative methods.
Common forms of surveillance include:
In many cases, surveillance occurs without the injured worker's knowledge.
In Pennsylvania, insurance companies may observe and record activities that occur in public places where there is no reasonable expectation of privacy.
For example, investigators may observe activities:
However, investigators cannot legally trespass onto private property or engage in unlawful conduct to obtain evidence.
Surveillance alone does not automatically end workers’ compensation benefits.
However, insurance carriers may attempt to use surveillance evidence to argue that:
The significance of surveillance often depends on the context and the medical evidence in the case.
For example, a short video clip may not accurately reflect the pain, limitations, or recovery time associated with a particular activity.
Many injured workers believe surveillance only matters if they are caught doing something they should not be doing. In reality, surveillance is often used as a tool to support other actions the insurance carrier may already be considering.
Some of the most common situations include:
If the workers’ compensation insurance carrier schedules you for an Insurance Medical Exam (IME), the doctor performing the examination may be provided with surveillance footage before issuing an opinion.
For example, if surveillance appears to show an injured worker lifting, carrying, bending, climbing, or performing other activities, the IME physician may rely upon that footage to argue that the worker has recovered, is less restricted than claimed, or can return to work in some capacity.
This is one reason why it is important that your activities remain consistent with the restrictions and limitations you report to your doctors.
Insurance carriers frequently use surveillance as evidence when attempting to terminate workers’ compensation benefits.
A Termination Petition generally alleges that an injured worker has fully recovered from the work injury.
The insurance carrier may attempt to combine surveillance footage, an IME report, and medical testimony to argue that ongoing wage-loss and medical benefits should stop.
Surveillance may also be used in efforts to reduce benefits rather than eliminate them entirely.
For example, if an insurance carrier believes surveillance shows an injured worker performing activities beyond their restrictions, the carrier may argue that the worker has an earning capacity greater than previously believed or can return to some type of employment.
This may result in a Petition to Modify or Suspend Benefits.
In some cases, surveillance is used together with vocational evidence.
The insurance carrier may hire a vocational expert to assess what jobs they believe an injured worker can perform. Surveillance footage may then be cited as support for the expert's opinions regarding employability, work restrictions, and earning capacity.
Surveillance frequently becomes a factor during settlement discussions.
The insurance carrier may believe surveillance strengthens its position and reduces the value of a case. Conversely, an experienced workers' compensation attorney may be able to demonstrate that the surveillance is misleading, incomplete, taken out of context, or inconsistent with the medical evidence.
Because surveillance often becomes intertwined with medical opinions, vocational evidence, and litigation strategy, injured workers should take these investigations seriously and consult with an experienced workers' compensation attorney if surveillance becomes an issue in their case.
Yes.
Social media has become one of the most common sources of evidence reviewed by insurance carriers.
Posts, photographs, videos, comments, and check-ins may all be reviewed if they are publicly accessible.
Examples of social media content that may attract attention include:
Even posts intended as jokes or taken out of context may become part of a workers’ compensation dispute.
Generally, no. It is recommended not to post to social media after your injury.
Deleting existing posts after a claim has begun can create additional legal issues.
Instead:
Workers should never destroy potential evidence without legal guidance.
Privacy settings can help limit public access, but they do not guarantee that content will remain unavailable during litigation.
Depending on the circumstances, social media evidence may become the subject of discovery requests or other legal proceedings.
For that reason, injured workers should assume that anything posted online could eventually be reviewed by others.
The best approach is honesty and consistency.
Practical recommendations include:
Most importantly, never exaggerate limitations and never attempt to present yourself as more disabled than you are.
Some injured workers become aware that surveillance may be occurring.
If you suspect surveillance:
Attempting to interfere with an investigation or alter behavior solely because surveillance is occurring can sometimes create additional complications.
Surveillance evidence is often presented together with medical evidence, testimony, vocational evidence, and other information.
A single photograph or video clip rarely tells the entire story.
An experienced Pennsylvania workers’ compensation attorney can evaluate how surveillance evidence fits into the overall case and help ensure that isolated observations are not taken out of context.
If you have been injured at work and are concerned about insurance surveillance, social media activity, or how an investigation may affect your workers’ compensation benefits, understanding your rights is essential.
The experienced workers’ compensation attorneys at Dugan & Associates, have decades of experience representing injured workers throughout Southwestern Pennsylvania. We help clients navigate surveillance issues, benefit disputes, medical examinations, and complex workers’ compensation litigation while protecting their rights under Pennsylvania law.
We listen and genuinely care about your well-being. Consultations are free, and if there is no recovery of compensation, there is no fee.
Contact us today by completing the form below or calling us at 412-353-3572.
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