California Workers’ Comp

Surveillance Footage Use (& Misuse) in California Workers’ Comp Cases

Insurance companies investigating workers comp cases frequently employ surveillance as a tool to evaluate claims. While this practice is legal under certain circumstances, the way surveillance footage is used – and often misused – can significantly impact an injured worker’s ability to receive the benefits they deserve. Understanding how insurers deploy surveillance tactics helps workers protect themselves throughout the claims process.

The skilled and experienced workers’ comp attorneys at the California law firm of Cantrell Green have represented injured workers for more than forty years and have seen firsthand how surveillance footage can be manipulated to deny legitimate claims. They help clients understand their rights and respond effectively when insurers attempt to use video evidence against them.

Surveillance in workers comp cases raises important questions about privacy, fairness, and the appropriate use of evidence. What appears on video does not always tell the complete story of an injured worker’s condition, and insurers frequently present footage in misleading ways to justify benefit reductions or denials.

Why Insurance Companies Use Surveillance in Workers Comp Cases

Insurance companies justify surveillance as a fraud prevention measure. They argue that some claimants exaggerate their injuries or engage in physical activities inconsistent with their reported limitations. By documenting a worker’s activities outside of medical appointments, insurers claim they can identify fraudulent claims and protect the workers comp system from abuse.

In practice, however, surveillance is often used more broadly. Insurers may conduct surveillance on workers with completely legitimate claims, hoping to capture footage that can be taken out of context to dispute the severity of reported symptoms. Even brief moments of activity can be presented as evidence that a worker is not as injured as they claim.

The workers’ comp attorneys at Cantrell Green in California understand that insurance companies often have financial incentives to deny or reduce claims regardless of their legitimacy. They help clients anticipate surveillance tactics and ensure that any footage obtained is presented fairly and in proper context.

Common Surveillance Methods in Workers Comp Cases

Insurance investigators use various methods to monitor injured workers. The most common involves hiring private investigators to follow claimants and record their public activities using video cameras. Investigators may park outside a worker’s home, follow them to stores or appointments, and document any physical activity they observe.

Social media monitoring has become increasingly prevalent in workers comp cases as well. Insurers routinely review public posts, photographs, and videos that injured workers share online. A photo of a worker at a family gathering or a video from a vacation can be used to suggest they are not as limited as they claim, even if the image captures only a single pain-free moment.

The skilled and experienced workers’ comp attorneys at the California law firm of Cantrell Green advise their clients on how to protect themselves from surveillance misuse while still living their lives. They understand that injured workers cannot and should not be expected to remain completely sedentary, and they know how to counter misleading interpretations of surveillance footage.

How Surveillance Footage Is Misused in Workers Comp Cases

The most significant problem with surveillance evidence is selective editing. Investigators may record hours of footage showing a worker resting, moving carefully, or displaying obvious signs of pain – but the insurer presents only the brief moments when the worker appears to move normally. A few seconds of reaching for a grocery item can be portrayed as evidence of full physical capability.

Context is frequently stripped away from surveillance footage. A worker with a back injury might push through pain to pick up a grandchild for a brief hug, knowing they will suffer increased symptoms afterward. The video shows only the lifting, not the hours of pain that follow or the medications required to manage the resulting discomfort.

Insurance adjusters and their attorneys may also misrepresent what surveillance footage actually depicts. They might describe footage as showing strenuous activity when it actually shows minimal movement, relying on judges and hearing officers who may not carefully review every frame. The workers’ comp attorneys at Cantrell Green in California know how to challenge these misrepresentations and ensure the full context of any surveillance evidence is presented.

Your Privacy Rights During Workers Comp Cases

California law does provide some privacy protections for injured workers, though they are more limited than many people realize. Surveillance conducted in public places – including outside a worker’s home if the investigator remains on public property – is generally legal. Workers have no reasonable expectation of privacy for activities visible from the street or in public spaces like stores or parks.

However, investigators cannot trespass on private property, use recording equipment to capture activities inside a home, or engage in harassment. They also cannot misrepresent themselves to gain access to private areas or obtain medical records without proper authorization. Violations of these boundaries can make surveillance footage inadmissible.

The skilled and experienced workers’ comp attorneys at the California law firm of Cantrell Green review all surveillance evidence carefully to determine whether it was obtained legally and whether presenting it would violate their client’s rights. When investigators cross legal lines, they take action to exclude improperly obtained evidence.

Responding to Surveillance Evidence in Workers Comp Cases

When an insurer presents surveillance footage to dispute a claim, the injured worker and their attorney must respond strategically. Simply denying the footage or claiming it was edited may not be effective without supporting evidence. A more successful approach involves providing context and medical documentation that explains what the footage actually shows.

Medical expert testimony can be particularly valuable in countering surveillance evidence. A treating physician or qualified medical evaluator can explain that an injured worker’s ability to perform brief activities does not contradict their reported limitations. Many conditions involve intermittent symptoms that allow for short bursts of activity followed by extended periods of pain and limitation.

The workers’ comp attorneys at Cantrell Green in California work closely with medical experts to ensure that surveillance footage is interpreted correctly. They gather documentation of their clients’ ongoing symptoms, treatment records, and medication usage to demonstrate that brief moments of activity do not represent their overall functional capacity.

Protecting Yourself from Surveillance Misuse in Workers Comp Cases

Injured workers should assume they may be under surveillance at any time during their workers comp cases. This does not mean they should stop living their lives or avoid all physical activity. Instead, they should be mindful that their actions may be recorded and ensure they stay within their documented medical restrictions at all times.

Consistency is essential. Workers should follow their doctors’ recommendations and avoid activities that exceed their restrictions, even on days when they feel somewhat better. Pushing through pain to complete tasks may seem necessary in the moment, but it can provide insurers with footage that undermines an otherwise legitimate claim.

The skilled and experienced workers’ comp attorneys at the California law firm of Cantrell Green counsel their clients on how to protect themselves without becoming prisoners in their own homes. They explain the difference between appropriate daily activities and actions that could be misrepresented, helping clients maintain their quality of life while protecting their claims.

Social Media and Workers Comp Cases

Social media poses particular risks for injured workers. Insurance companies routinely search for claimants on platforms like Facebook, Instagram, and TikTok, looking for posts that could suggest the worker is less injured than claimed. Even innocent posts can be taken out of context and used against a worker.

Injured workers should consider making all social media accounts private and being extremely cautious about what they post during their workers comp cases. Photographs showing any physical activity – even if painful and brief – can be misrepresented. Posts about travel, hobbies, or social activities may be used to argue that the worker is not suffering as much as they claim.

The workers’ comp attorneys at Cantrell Green in California advise their clients on social media best practices during their claims. They understand that complete social media abstinence is unrealistic for most people and help clients find a balance between maintaining connections and protecting their cases.

Workers Comp Attorneys | California

If surveillance footage has been used against you in a workers comp case, or if you are concerned about how insurers might use video evidence to dispute your legitimate claim, the attorneys at Cantrell Green can help. With more than forty years of experience representing injured workers throughout California, they know how to counter surveillance tactics and ensure that evidence is presented fairly. Contact the skilled and experienced workers’ comp attorneys at the California law firm of Cantrell Green today to discuss your case and learn how they can protect your rights and fight for the benefits you deserve.