Surveillance in a Workers' Compensation Case
Workers' Comp Introduction ♦ FAQs ♦ Necessary Details ♦ Useful Links ♦ Mediation ♦ Mediation FAQs ♦ Surveillance ♦ Surveillance FAQs ♦ Deposition ♦ Acronyms ♦ Release/Settlement ♦ Forms
If your on-the-job injury is more serious, your medical bills can skyrocket. Your employer's insurance company is going to do its best to save money--even if it means resorting to surveillance methods. This page is an overview of typical surveillance during a workers' compensation case. Discussing your concerns with a workers' comp lawyer at the Coye Law Firm is a good way to get answers to more specific questions.
Is surveillance legal?
Surveillance is legal in Florida in some cases, and if you are hurt on the job, your employer's insurance company may hire a private investigator. It is legal for someone to take pictures or video of your activities outside of your home. However, it is illegal for them to record your voice without your consent. According to the law, it is also illegal for anyone to intercept phone calls or other electronic communication and use it without your consent.
Be aware of the fact that many expensive workers' compensation cases may involve a private investigator. Don't worry about this if you are hurt to the extent that you claim and if you follow your doctor's orders. If you do what you are told in order to heal, your claim won't be affected by surveillance.
When surveillance is used
If your treatment conflicts with an activity, the private investigator could try to catch you on camera. For example, it may hurt your case if you are caught:
- mowing your lawn
- enjoying a walk or run
- playing in a sporting event
- lifting heavy objects, even groceries
- doing anything that conflicts with your doctor's orders
The value of these images is determined by the judge assigned to your case. If you have a back injury and are caught doing work in your yard, it is going to hurt the outcome of the case. However, if there is only one picture of you lifting a grocery bag, your claim may not be damaged.
Frequently asked questions about surveillance are answered here.
If you suspect that your home is under surveillance, let your workers compensation attorney at the Coye Law Firm know immediately. They can protect your rights and make sure that everything is being conducted legally. Call our central Florida offices today to work towards resolving your workers compensation claim.
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