How Video Surveillance Can Affect a Workers’ Compensation Claim
These days, surveillance cameras are everywhere. Whether you are frequenting a business or working in one, there is a good chance that there is a camera recording you. However, surveillance video is also often used in determining the outcome of a workers’ compensation claim which many workers are not aware of.
Local 10 News recently reported that a 57-year-old New Jersey worker is facing criminal charges after a surveillance camera allegedly caught him trying to fake a slip and fall accident. The video reportedly shows the man throwing ice on the floor at his workplace before staging a fall and waiting to be discovered.
Surveillance video can obviously have a significant impact on how seriously your claim is taken both before and after benefits are awarded. And even if you are aware that surveillance video of the workplace injury itself may be obtained by your employer’s insurance company, you probably are not aware that the insurance company may choose to seek out additional surveillance video of you in an attempt to invalidate your workers’ compensation claim.
Does Florida Law Allow Workers to Be Recorded on Surveillance Video?
In many workplace-related contexts, yes, and especially if there is posted notice that you are being videotaped or the presence of an obvious surveillance camera. Florida law concerning surveillance video stipulates that it is mostly inappropriate in places where you have a reasonable expectation of privacy, which is almost never the case in a public setting outside of your home (unless someone is watching you undress and/or is otherwise recording you for outlined inappropriate purposes).
Why Would an Insurance Company Attempt to Record an Injured Worker?
It is clear that factors such as video surveillance can have a serious impact of the value of a workers’ compensation claim. However, you may not understand why.
Keep in mind that even though an insurance claim begins with contacting your employer, it is your employer’s insurance company that is actually paying out the funds for your workers’ compensation benefits. The insurance company’s primary goal – which is shared by your employer who is concurrently paying premiums to that company – is to pay you as little as possible and instead ensure that you return to work quickly. Therefore, the insurance company is always striving to save money by proving that you are not really as hurt as you say you are. Surveillance video demonstrating that an injured worker is better off than he or she claimed is a simple way for the insurance company to cut off benefits and therefore, save money.
How Can Injured Workers Avoid a Claim Being Affected By Surveillance Video?
- Be honest about your injuries from the beginning.
- Communicate with your workers’ compensation doctor and keep him or her updated on the status of your injuries.
- Be especially mindful of the potential for surveillance video when doing outdoor activities that are easily visible such as playing basketball at a park or helping a friend move furniture. Even an innocent activity can be fatal to your claim depending upon your reported injuries.
Are You Struggling to Understand the Correlation Between Your Claim and Surveillance Video After Being Injured at Work?
It is extremely to avoid allegations of fraud as in addition to causing an individual to lose benefits, such allegations can also bring criminal charges no one needs to deal with while attempting to recover from a workplace injury. If you have been legitimately injured at work, we can help you obtain all the benefits you are entitled to while you focus on restoring your health. The experienced Miami workers’ compensation attorneys at Payer & Associates will help ensure that you maximize your entitlement to workers’ compensation benefits. Begin by contacting us today to schedule a free consultation