Workers' Compensation


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Surveillance Can Undo the Best
Workers’ Compensation Cases

When I began representing clients in Workers’
Compensation cases in 1998, surveillance was
difficult. Investigators relied on following injured
workers and hoped they would witness something
that could harm Workers’ Compensation cases.

Social Media:
The New Surveillance Method

Twenty years later, surveillance is much easier, thanks to the Internet and social media.

Investigators no longer have to rely on following an injured worker in person, because now they may easily follow them on Facebook, Twitter, Instagram, and other social media platforms. They may also look to social media accounts of family members in order to gain incriminating evidence against a Workers’ Compensation case.

Your Information is More
Accessible than Ever

It is a common misconception that social media accounts
marked as private are not easily accessed by those without permission.

Social media profiles are not as secure as you may think, and it is often
difficult to keep all of your information completely private, especially from
investigators. Workers’ Compensation Investigators may gain access to
your social media accounts through others that you’ve accepted as a
friend in the past, and will spend hours looking for incriminating
evidence in the form of photos, comments, and statuses.

Ask Barb

Attorney Barbara Welton
Is On Your Side

Over the years, we have seen several cases settle for
thousands of dollars less than what they were worth
because of information that a client had posted online.
Do not let the same happen to you.

Be Proactive About Your Privacy

While social media is a primary form of investigation, surveillance
may still occur. 

If you see a car that does not belong in your neighborhood, or feel that you are being followed during your Workers’ Compensation
case, it is likely that you are. You can call the police if you see a suspicious car in your neighborhood. It’s one of the best ways to
confirm if you’re under surveillance.

Unfortunately, investigators have the right to talk with your neighbors, park in your street, and even film into your home if the
curtains are open. However, there are things that Attorney Barbara J. Welton can do to end it, or reduce its impact on your case.

If You Believe Surveillance is Ongoing, Contact Your Attorney

To limit what investigators can see of you, make sure that you are doing
activities within any restrictions set for you by your doctor.

If your doctor has you off all work, then you should not be carrying grocery or garbage bags and you should not be doing
yard work, including gardening and shoveling.

You have more flexibility if you have restrictions but are not able to do your full duty job. If you are released to light duty
you should only be doing activities within that lifting ability.

Call Attorney Welton Today to Protect Your Case

Welton Law will work with you to reduce the impact of surveillance
on your workers’ compensation case.

Workers’ Compensation Judges do not look favorably on injured people doing more in their personal life than work life. Many
injured workers caught on surveillance say the same thing, “I sure paid for it the next day” and it is regularly rejected by the
various Workers’ Compensation Judges in our area.

Keep your case safe by following Attorney Barbara Welton’s recommendations and surveillance will have little to
no effect on your case.