How Can Video Surveillance Affect Your Workers’ Compensation Claim?
When you have been hurt at work and have filed a workers’ compensation claim, you have to be concerned about the potential for being videotaped without your knowledge. Workers’ compensation insurance companies routinely send private investigators to clandestinely film claimants, looking for evidence that a claim may be bogus. So you can worry “how much can I do around the house? Will I jeopardize my claim if I try to mow the lawn?”
There’s a simple way to minimize the risk that you’ll have any problems with someone videotaping your activities—be honest with doctors at all times. If you think you can mow the lawn, tell the doctor this. If you don’t think you can, don’t do it. Your primary objective is to return to full health. This may require that you engage in little physical activity. Now is not the time to test your limits—it’s the time to rest and let your body heal.
Don’t try to make your case to be more or less than it actually is, and don’t tell your doctor anything that you don’t believe to be true. If you say that you need a cane to walk, but you decide to try to play tennis or ride a bike, you might be caught on camera, and your case will be destroyed. If you tell your doctor you can’t lift heavy items and you are taped carrying kegs of beer, you can forget your claim.
This doesn’t mean you have to be locked in your house. It simply means that anything you tell your doctor must be corroborated by your actions and lifestyle.
Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.