If you’re dealing with a workers’ compensation claim in New York, we understand that this is a challenging time for you. Workers’ comp cases can be confusing, and when surveillance is introduced into the picture, it can add a layer of stress and worry. You may feel like you’re being watched or that your every move is under scrutiny. It’s important to remember that you’re not alone, and we are here to help guide you through this difficult process. Our team at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is committed to supporting you and working towards a successful resolution for your case.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding Workers Comp Surveillance
When you’re injured at work and filing for workers’ compensation, the insurance company and their investigators may engage in surveillance. Surveillance in a workers’ comp case is generally done to verify the extent of your injuries and whether you’re truly unable to work due to your condition. While surveillance can feel invasive, it is a common part of many workers’ comp claims, and understanding how it works can help you feel more prepared and confident moving forward.
The goal of surveillance is to observe your day-to-day activities and determine if they align with the limitations you’ve reported due to your injury. This means that private investigators may watch you while you go about your daily routine, sometimes even following you or taking photographs and videos. While it’s uncomfortable, it’s important to stay calm and know your rights during this process.
How Surveillance Can Affect Your Case
You might wonder how surveillance could impact your case. The truth is that surveillance footage can either work for or against you, depending on what it captures. If you’re seen doing something that contradicts what you’ve said about your injury or its limitations, the insurance company may use that footage to argue that you’re not as injured as you claim. This is why it’s crucial to be mindful of what you do, especially in public, while your workers’ comp case is ongoing.
For instance, if you’re seen lifting heavy objects or engaging in physical activities that seem inconsistent with your injury, the insurance company might use that information to question the validity of your claim. It’s important to be cautious about your actions during this period, but also to know that being surveilled does not automatically mean your claim will be denied. Surveillance footage alone cannot determine the outcome of your case; it’s just one part of the overall process.
What to Do If You Suspect Surveillance
If you suspect that you’re being watched or followed during your workers’ comp case, it’s normal to feel a little uneasy. However, it’s important to stay calm and not panic. If you think surveillance is happening, the first thing to do is to avoid changing your routine out of fear. Stick to the treatment plan your doctor has recommended and follow any work restrictions that have been set. The insurance company or investigator may be trying to catch you doing something that goes against the details you’ve provided in your claim.
If you feel that you’re being watched, it’s best not to confront the investigator or react in a way that could raise suspicion. Instead, continue to live your life as normally as possible, while being aware of what is happening. It’s also helpful to document your daily activities in case the surveillance footage is ever brought up in your case.
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Know Your Rights During Surveillance
In New York, surveillance of an individual during a workers’ compensation claim is legal. However, there are limits to what investigators can do. For example, they are not allowed to trespass on your property, or enter private spaces like your home, to gather information. Surveillance is limited to public places, such as the street, stores, or public parks. Investigators cannot film or photograph you inside your home, and if you’re in a private space, they must respect your privacy.
If you notice that someone is filming you or taking photos in a public space, you have the right to inquire about what they’re doing. However, it’s often best not to engage directly with an investigator. Instead, if you feel your rights have been violated, it’s a good idea to consult with your attorney.
How Surveillance Can Be Used in Your Case
Surveillance footage can play a big role in the outcome of your case. If you’re seen engaging in activities that go against your reported injuries, the insurance company may use that footage to claim that you’re exaggerating your symptoms. On the other hand, if the surveillance shows that you’re genuinely unable to work and suffering from your injury, it can support your case.
It’s important to remember that just because surveillance footage exists, it doesn’t mean that it will automatically be used against you. Your case will be judged on the totality of the evidence, which includes your medical records, statements from your doctor, and other factors in your claim. Surveillance is just one piece of the puzzle, and it should be taken into consideration along with everything else.
What to Do If You Feel Your Case Is at Risk
If you’re concerned that surveillance footage could harm your case, it’s crucial to consult with an experienced workers’ comp attorney. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we can help you navigate the complexities of your case, including any concerns you may have about surveillance. An attorney can review the footage and other evidence in your case and help you understand how it impacts your claim.
Your lawyer can also guide you on how to handle the surveillance process and what steps to take if you feel the footage does not accurately reflect your condition. It’s important not to try to handle this on your own. Workers’ comp cases are complicated, and the added stress of surveillance can make things even more difficult. With the help of an attorney, you can ensure that your rights are protected and that you’re in the best position for a successful case outcome.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to provide you with the support you need during this challenging time. We understand that dealing with workers’ comp surveillance can be stressful, but we’re committed to ensuring that your case is handled properly and fairly. Our team will work diligently to gather all the necessary information and evidence to present a strong case on your behalf.
If you’re feeling overwhelmed by the surveillance or other aspects of your workers’ comp claim, don’t hesitate to reach out. We can help you understand your options and guide you through the process. Our goal is to get you the best possible result for your workers’ compensation claim, and we’re here to fight for your rights every step of the way.