The workers’ compensation system was formed to help provide better coverage for employees who are hurt at work. However, there have been cases of employees abusing the system to receive benefits that they are not actually eligible for. Because employers deal with a variety of workers’ compensation claims every year, they are often cautious when granting certain benefits.

In certain cases, an employer or their insurance company may hire a private investigator after their employee files a claim. While it may seem odd, this is a legal practice that some employers use to ensure employees requesting large amounts of compensation are being truthful. This may leave you wondering what exactly a private investigator is able to do if you see them around.

What Is a Workers’ Compensation Investigator?

A workers’ compensation investigator is a private investigator hired by an employer to prove the validity of an employee’s claim. While most employees who apply for benefits are deserving of them, instances of workers manipulating the system to receive compensation that they aren’t rightfully owed have made employers hesitant. The main duty of a workers’ compensation investigator is to uncover any evidence that could disprove your claim. For example, if you file for benefits due to stating that your injury prevents you from doing your job and are later found doing laborious yard work outside, your claim may be denied.

What Can a Workers’ Comp Investigator Do?

Private investigators are commonly hired for cases where an individual is requesting large amounts of money, such as temporary or permanent disability. While they are not allowed to commit any kind of illegal act, an investigator does have the power to:

  • Follow You In Public (Direct Surveillance): A private investigator can follow you while you run errands, do yard work, pick up groceries, and do just about every daily task you perform.
  • Call, Text, or Email You (Direct Contact): You may receive calls to your home or cell phone from a private investigator, as well as other forms of direct contact such as emails.
  • Take Photos of You: General laws allow private investigators to take photos or videos of employees if they are in public spaces. While they can take photos of your day-to-day activities, they will mostly be looking for you to perform some activity that breaks your doctor’s orders or disproves your injury.
  • Observe Your Behavior from Afar: The investigator is not required to tell you when they are around or collecting evidence. This means they can sit outside your home in a vehicle or watch you without your knowledge.
  • Perform Online Surveillance: If your case has been assigned a private investigator, you can assume that they will be keeping track of your online presence. Any social media accounts you hold, whether private or public, can be used as evidence to disprove your injury if there is anything incriminating.
  • Conduct Interviews: Your family, roommates, close friends, and even coworkers may be interviewed by a private investigator about the extent of your injury. Realistically, if you are following your doctor’s orders, interviews should not be an issue to your claim.

Workers’ compensation investigators have the power to perform in-depth surveillance. This does not mean that they can commit illegal acts to obtain evidence. If you notice a private investigator doing any of the following, they are violating your rights:

  • Trespassing on private property such as your home
  • Breaking into or entering your home without your knowledge or consent
  • Placing a tracking device on your car, phone, or laptop
  • Hacking into your private information such as texts, emails, and social media messages
  • Impersonating an officer of the law to obtain information illegally.

Can a Workers’ Compensation Investigator Follow You?

The short answer is yes. In California, a workers’ compensation investigator has the right to surveil you if everything they do adheres to state laws. If you are out in public, an investigator can not only follow you throughout your day, but they may also take photos or videos of you for evidence. While this may seem frightening, just know that if you are caring for yourself and your injury properly, the investigative process will end shortly.

FAQs

Q: How Long Can a Workers’ Compensation Investigator Follow You?

A: Generally, a private investigator will spend anywhere from a few days to a few weeks surveilling the employee who made a claim. While they don’t always use it, an investigator does have the right to follow you for as long as your claim is pending. This could last for a month or longer.

Q: How Long Will It Take To Finalize a Workers’ Compensation Settlement?

A: The average workers’ compensation case in California is settled in around one month’s time. Although, depending on the kind of benefits that you requested and any disputes that arise regarding your claim, the process may take longer for it to be finalized.

Q: Can a Workers’ Compensation Investigator Take Photos of You Inside Your Home?

A: An investigator is not legally allowed to take photos of an employee while they are existing in their own home. This is not only a violation of privacy but a violation of their basic rights. The investigator is only allowed to take photos or videos if the employee is in a public space or outside of their home.

Q: Why Would an Insurance Company Hire a Private Investigator?

A: Insurance companies are sent countless workplace injury claims every year. To avoid overspending or giving benefits to those who aren’t truly eligible, the company may decide to hire a private investigator to prove if your claim is valid. The investigator looks for any slip-ups that might demonstrate that you are faking or lying about the severity of your injury.

Pratt Law Corporation: Legal Assistance for Workers’ Compensation Claims

Being followed by a private investigator is intimidating, especially when you’re just trying to focus on healing. At Pratt Law Corporation, our team has seen employees have their rights violated by investigators many times. If you believe that an investigator has taken things too far, seeking legal protection should be your next step. For further information on the rights that you hold during a pending workers’ comp claim, contact Pratt Law Corporation.