When Pennsylvania work injuries happen, injured workers should expect the workers’ compensation insurance carrier to investigate your claim. Is that legal? Yes, it is. In fact, it is quite common and you should expect it.
There are five types of investigations workers’ compensation carriers utilize to investigate work injuries. They also utilize two common methods. They perform their own investigation and they engage private investigators. Here are the five common investigations into work injury claims.
First, the insurance company will conduct a claims investigation. Here they are seeking information on prior workers’ comp, car accident, slip and fall, or any other personal injury claims you filed in the past. That is why it is imperative that you disclose prior claims. They will know if you had prior claims.
Second, they will conduct a social media search. They will keep tabs on you by tracking your social media accounts, whether it be Facebook, Instagram, YouTube, Tik Tok, or any other social mediation platform. They are information that either contradicts your workplace injury claim or contradicts the extent of your injury and what you tell your doctors about your symptoms and limitations. They use social media information to deny your claim. It is also important to know that social media evidence is admissible in litigation of your claim.
Third, they will investigate your health record. They will request your medical records. Whether you sign a health authorization or not, they can get your medical records by subpoena. Once you have a claim, they are entitled to your medical records. They are looking for prior or preexisting conditions. That is why it is imperative to disclose any prior or preexisting conditions.
Fourth, the insurance company will investigate your work injury claim itself. They will request video footage, if available. They will speak to supervisors and co-workers. They will seek written statements. They will seek emails or text message to supervisors or coworkers. The lesson here is be careful communicating with anyone associated with your employer.
Finally, insurance carriers typically put injured workers under surveillance. They utilize private investigators to follow you and collect evidence that contradicts your claim. The investigator might take photos or videos of you engaging in activities that you said you could not do because of your injuries. There are limitations to surveillance. They cannot come onto your private property in anyway.
When you are injured at work, you are suffering physically, emotionally, mentally, and financially. Investigations just add to that stress. Protect yourself. Do not fight an insurance carrier alone. They have adjuster, investigators, and attorneys reviewing your case. You should have your own legal representation protecting and fighting for you. Mooney Law is experienced, trusted, and proven in Pennsylvania workers’ compensation. Our consultations are absolutely free. Call us today at 717-200-HELP or 717-632-4656 to schedule a free consult. You can also email us direct at email@example.com. Finally, you can also complete this Schedule a Consultation form on our website.