Have you felt like you’re being watched while you’re on workers’ comp? You may be correct. Workers’ compensation insurance companies in South Carolina may hire private investigators to gather information about your daily life.
Not every workers’ comp recipient is investigated because it costs the insurer money. So, when does workers’ comp hire private investigators? It differs, but it may be because you have a high-value claim.
You have the right to talk to a Greenville workers’ compensation lawyer if you suspect your employer’s insurance company is investigating you. They can guide you through your legal options and help protect your rights.
Why would a workers’ compensation insurer investigate me?
The simple answer? They may think you’re lying. Insurance companies have the right to protect themselves from fraudulent claims. If they suspect your claim is a sham, they may gather information to prove it.
Another reason you may be investigated is if you have a high-value claim. If you become disabled or require a lot of medical treatment to recover from your workplace injury, then the insurance company may investigate to see if you are hurt as badly as you claim.
Finally, have you filed a claim for workers’ compensation in the past? You may be more likely to be investigated. Insurers may not believe that it’s a coincidence.
What is a private investigator allowed to do?
The insurance investigator may conduct surveillance of your house and follow you when you leave. If you’re back at work but are on half-duty or have other accommodations, the investigator may surveil you at your workplace to determine if you need continued benefits or accommodations.
Private investigators are also permitted to collect evidence, including photos or videos, to support their case. They can interview witnesses who may provide information about your health, medical condition, and overall capabilities. These witnesses could be friends, family, or co-workers.
The insurance company could perform an asset search, meaning they look at your financial situation. They may specifically look for income you get from other sources and whether or not the injury affects that work as well.
For example, you claim that you broke your wrist and cannot lift or carry things. The investigator sees you working for DoorDash delivering groceries. Now they can question your claim.
What can I do if the workers’ compensation insurance company is investigating me?
Your first step should be calling an experienced South Carolina workers’ comp lawyer. They can tell you if the insurance company is overstepping and help you with some dos and don’ts.
In the meantime, you can take some common-sense measures to protect your claim, including:
- Do follow all your treating physician’s instructions. Attend all follow-up appointments and physical therapy and wear any medical device you’ve been instructed to wear.
- Don’t talk about your claim with anyone but your doctor, employer, and attorney.
- Don’t post about the claim on social media. Be very careful about what else you post. One photo of you not wearing a brace when you’re supposed to could cause the insurer to suspect fraud.
Are you being investigated after filing workers’ comp? We can help!
If you believe you’re being investigated after filing a workers’ compensation claim, the attorneys at Smith Jordan Law can help. We protect working people in the Greenville and Easley areas, advising them of their rights and taking action if the insurance company or their employer infringes on them.
We can also help you if your claim is denied, undervalued, or questioned. Contact us today at (864) 343-2222 for a free consultation.
