Comp Insurance: Private Investigators For Hire?

If you've ever filed a workers' compensation claim and felt like you were being watched, you may not have been mistaken. It is not uncommon for insurance companies to hire private investigators to follow employees who've applied for workers' comp benefits. While this may seem like an invasion of privacy, it is considered legal by the law. The purpose of this surveillance is to detect fraud and determine the extent of a person's injury or disability. Investigators may monitor your social media, follow you in public places, or even interview your friends and family. While there are limits to what investigators can do, it's important to be aware of your rights and take steps to protect yourself if you find yourself in this situation.

Private investigators are hired to monitor employees with a history of workers' comp claims or those filing large claims

Private investigators are often hired by insurance companies to monitor employees who have filed for workers' compensation benefits. This is done to determine whether the claimed injury is legitimate and to detect potential fraud. While it is not an uncommon practice, it can make employees feel like their privacy is being violated.

Employees with a history of workers' compensation claims or those filing large claims are more likely to be monitored by private investigators. This is because insurers want to confirm that the employee's injuries are indeed serious enough to prevent them from returning to work. The insurance company will go to great lengths to avoid paying for even legitimate claims.

Private investigators use various methods to monitor employees. One common method is video surveillance, especially outside the doctor's office or during workers' compensation hearings. They may also take photos or videos of the employee in public places, as it is generally not illegal to do so. Investigators might also gather information from social media posts, interviews with neighbours, friends, and coworkers, and even direct questions to the employee without revealing their true identity.

It is important to note that private investigators must obey the law and cannot trespass on private property, enter homes without consent, or impersonate law enforcement officers. However, they may still gather valuable information by observing the employee's public activities and conversations with others. Therefore, employees need to be cautious about their public behaviour and social media presence while recovering from a workplace injury.

If you suspect that your workers' compensation claim is being investigated or monitored, it is advisable to consult with a workers' compensation attorney. They can advise you on your rights, protect your interests, and help you navigate the complex world of insurance claims.

Investigators use video and non-video surveillance to monitor claimants

Video and non-video surveillance are powerful tools for insurance companies to detect and prevent insurance fraud. Investigators use these methods to monitor the activities of claimants and gather evidence to assess the validity of their claims. While video surveillance is more common, non-video surveillance is also used to gather information.

Video Surveillance

Video surveillance is a common method used by investigators to monitor claimants and gather evidence regarding their functional abilities and activity levels. This often involves the use of mobile and stationary hidden cameras to capture footage of claimants engaged in physical activities that they claim they are unable to perform due to their injuries. For example, a claimant who has filed a workers' compensation claim for a debilitating work injury may be filmed doing yard work or home repairs, which contradicts their reported limitations.

Video surveillance can also be used to record inconsistencies in reported pain levels and mobility issues. For instance, a claimant may exhibit no signs of discomfort or impairment in the footage, despite reporting severe pain and limited mobility.

Non-Video Surveillance

Non-video surveillance involves the use of standard investigative techniques to gather information about a claimant's activities and physical condition. This can include:

• Interviews with neighbours, friends, co-workers, and family members to gather information about the claimant's activities and physical capabilities.
• Monitoring social media posts on platforms such as Instagram, Facebook, TikTok, and LinkedIn to look for any information or posts that may contradict the claimant's reported limitations.
• Making phone calls to the claimant's home or asking them direct questions without revealing the investigator's true identity.

Benefits of Video and Non-Video Surveillance

The use of video and non-video surveillance offers several advantages to insurance companies:

• Uncover the truth behind suspicious claims: Surveillance helps to verify whether a claimant is exaggerating or feigning injuries, thereby reducing fraudulent claims and payouts.
• Deter fraud: By uncovering and taking legal action against fraud, surveillance helps deter future fraudulent activities.
• Accurate settlement of legitimate claims: Surveillance investigations help insurance companies make more informed decisions about claims and pursue appropriate courses of action, leading to more accurate settlements.
• Long-term monitoring: Investigators can monitor claimants over an extended period to identify patterns of fraud or abuse, allowing them to build a comprehensive case and identify all parties involved.

Surveillance is not always easy to detect, but there are some telltale signs

If you've filed a worker's compensation claim and suspect you're under surveillance, it's essential to remember that such surveillance is often challenging to detect. Private investigators are trained to remain discreet and hidden. However, being vigilant and aware of your surroundings can help you identify some telltale signs.

Firstly, trust your instincts and be attentive to your environment. Be on the lookout for people with disguises, such as sunglasses, baseball caps, or anything else that might conceal their appearance. Be cautious of cars with tinted windows, as they could be used for surveillance.

Secondly, be aware of suspicious behaviours and interactions. If someone seems to "bump into you" repeatedly in different places, it could be more than a coincidence. Be wary of people asking direct questions about your injuries or personal life, especially if they pretend not to be associated with your insurance company.

Thirdly, be cautious of online interactions and social media. Investigators can monitor your online activities and social media posts. They may use advanced technology to track your movements and gather information. Therefore, it's advisable to refrain from posting anything that could be misconstrued or taken out of context.

Additionally, be vigilant about changes in your surroundings, especially in your home or office. Look for disturbances or signs of tampering with electrical fixtures, such as light switches, outlets, and smoke alarms. Be cautious of new items that appear in your space, as they may contain hidden surveillance devices.

Remember, surveillance can be physical or technical. Physical surveillance involves following and observing the target, while technical surveillance involves monitoring online activities and communications. Both types of surveillance aim to gather information about your daily routines, movements, and behaviours.

In summary, while it's not always easy to detect surveillance, being vigilant, trusting your instincts, and looking out for telltale signs can help you protect yourself and maintain your privacy. If you suspect any illegal surveillance or privacy violations, don't hesitate to contact your attorney or seek legal advice.

Private investigators are not allowed to do anything illegal, such as trespassing or impersonating law enforcement

Private investigators are often hired by insurance companies to investigate insurance fraud. However, they are not above the law and are not allowed to do anything illegal, such as trespassing or impersonating law enforcement.

Trespassing

Private investigators are not allowed to enter your private property under any circumstances. They are bound by the same trespassing laws as everyone else. This means they cannot break into someone's home, office, or vehicle, or even step foot on private property without permission. They are also not allowed to place hidden cameras on private property. The only exception to this rule is to serve process.

Impersonating Law Enforcement

Impersonating a police officer or other law enforcement official is a crime. Private investigators are not affiliated with law enforcement and do not have more rights or privileges than ordinary citizens. In most jurisdictions, they cannot carry a badge, wear a uniform, or represent themselves as police officers or federal officials. In some cases, they can wear badges, vests, or uniforms that indicate they are private investigators, but this must be done in accordance with local law enforcement mandates.

Private investigators also cannot make lawful arrests like police officers. While they can make a citizen's arrest in some jurisdictions, this is unrelated to their role as a private investigator.

Claimants can take steps to protect their privacy and avoid surveillance

If you are a claimant and are concerned about being watched by a private investigator, there are several steps you can take to protect your privacy and avoid surveillance. Here are some strategies to consider:

• Be cautious on social media: Set your social media profiles to private and refrain from posting any content that could be misconstrued or taken out of context. Avoid posting pictures or updates that contradict your injury claims, such as photos of physical activities or travel.
• Maintain consistency: Ensure that your public activities and behaviour align with your claimed injuries. Avoid situations that could be misinterpreted or taken out of context, such as performing tasks that exceed your claimed physical capabilities.
• Be vigilant: Stay alert and aware of your surroundings. Look out for signs of surveillance, such as unfamiliar vehicles with tinted windows parked in your neighbourhood or strangers wearing disguises like sunglasses or baseball caps.
• Secure your privacy: Invest in a video surveillance system for your home, such as the Ring Security Camera System, which can help you monitor your property remotely and detect potential private investigators.
• Protect your personal information: Avoid having anything of value in your name, such as vehicles or phone contracts. This will make it harder for private investigators to track your whereabouts and gather information about you.
• Maintain discretion: Refrain from discussing your injury claims or providing details about your injuries to anyone except your personal injury attorney. Private investigators may approach you pretending to be uninvolved, but they can use your statements against you during legal proceedings.
• Consult an attorney: If you suspect illegal surveillance or have concerns about your privacy, consider consulting a workers' compensation attorney who can advise you on your rights and help protect your interests.

By following these steps, you can enhance your privacy and reduce the impact of potential surveillance by private investigators.

Frequently asked questions