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The Use of Video to Contest Workers’ Compensation Claims

March 5, 2018 General

The Use of Video to Contest Workers' Compensation Claims

When you’ve been injured at work, even if the accident seems pretty straightforward, you shouldn’t be surprised if your employer is less than cooperative when you seek workers’ compensation benefits. Your employer has a vested interest in minimizing the claims that must be paid, as workers’ compensation insurance premiums can increase significantly if there are payouts. As a consequence, your employer and the workers’ compensation insurance provider may be willing to spend time and money challenging your claim. A common approach for doing this—introduce video evidence that shows you engaged in some activity that indicates your injury is not as serious as you claim it is.

That’s right—it’s not uncommon for the workers’ compensation insurance company to hire a private detective to put you under surveillance. If the detective gets footage that shows you playing golf, engaging in manual labor around the house or even carting groceries in from the car, that evidence may be introduced to diminish your claim.

There’s a simple way to ensure that this doesn’t happen—be totally honest at all times. Don’t report your injury as being more (or less) serious than it actually is. If you do, you’ll have to be ever-vigilant that you don’t do something that gives you away…and that’s extremely hard to do. It’s also critical to understand that there’s nothing to be gained by being macho or strong, or to worry that you’re not pulling your weight. You need to be willing to accept that you’ve suffered a serious injury and govern your actions accordingly. And everyone in your household has to accept that as well.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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