How Social Media Can Affect Your Workers’ Comp Case

It is important to be aware that the defense attorneys for your employer’s insurance company will most likely do some investigative work on your workers’ compensation case. This can include, among other things, taking a look at your posts on social media. It’s free information that’s easy to access, after all. In this online era, many of us enjoy sharing updates with friends and family on a regular basis through the convenience of platforms like Facebook and Instagram. But if you currently have an ongoing workers’ comp case, you should keep in mind that your posts and photos could potentially be used against you.

Ways Social Media Posts Can Be Used Against Your Workers’ Comp Case

From your mobile phone or from any computer, it is now easier than ever to share what you’re currently up to at any given time. People can construe your posts and photos for all sorts of details: where you are, what you’re doing, who you’re with, and how much money you’re spending. In turn, people can infer things like your physical capabilities, your mental state, your emotional well-being, and your financial circumstances—and what they imagine might not be accurate. Some examples of things people can speculate on from your social media presence:

• A post that simply states, “Clean, crisp air… Feeling good on this lovely spring morning!” Your employer may argue that you’re feeling good enough to return to work. Even if in reality you only intended to comment on the weather—not your health.
• A photo of you making pancakes, holding a spatula. An attorney may say this means your hand injury isn’t bad enough that you can’t use the tools for your job. Even if in reality you were only at the griddle for a moment, for the sake of a picture to share with family.
• A short video of you with friends, who are playing a game of baseball. The insurance company could try to use this as evidence that your back injury can’t be giving you as much grief as you’ve claimed. Even if in reality you didn’t participate in the game itself, and were only there to watch.
• An automatic update from a campground app tied to your social media account, upon arrival at the campsite (tagging your location and the date). Perhaps you did not do anything strenuous on the weekend trip, but it may arouse suspicion for the judge, regardless.

Tips for Using Social Media During Your Workers’ Comp Case

1. Consider taking a break from social media until your case has concluded. Anything you say about your case, your job, your injury, your doctor visits, your process of recovery, or your ability to perform certain tasks could be used in arguments against you.
2. If you do continue to use social media, give some thought to how your words or any images you share could be misconstrued, before clicking the Submit button. Does the family reunion photo make it look like you can stand up by yourself just fine, when the truth is you’re holding on to a handrail that’s not visible in the picture?
3. Keep in mind that even if you stop using social media, your friends and family might continue to do so. And they could tag you in their photos, or talk about what you’ve been up to lately. Let them know what you would like for them to not share with the world at this time.
4. Take a look at the privacy settings on your social media apps and websites. You may wish to choose all the options that offer the highest level of privacy, and to avoid accepting follower requests from anyone you don’t know. Just keep in mind, even then it may still be possible for someone to leak or access information from your profile, one way or another.
5. Use your own email, phone, and computer when communicating with your lawyer. A shared email account, a work computer, or the chat function of a social media app is likely less secure or confidential.
6. Don’t go back and edit or delete old posts on social media. During a workers’ comp case, a judge may consider this to be tampering with evidence. Chances are someone could still dredge up your original posts, anyways.

Insurance Companies Can Hire a Private Investigator

Along with all the data they can glean from your online presence, your employer’s insurance company may choose at some point during the case to hire a private investigator. It is illegal for such a person to enter your home without your consent, to trespass on your property (or place surveillance equipment therein), to wiretap your phone, or to place a tracking device on your vehicle. But things an investigator may do include the following:

• Observe your daily activities in public, noting what you appear to be capable of doing (e.g. “able to drive to the grocery store, walk in the store for a half hour, carry a 24-pack of water bottles,” etc)
• Take photos or video footage of you outside your home
• Interview coworkers, neighbors, and anyone else who could give information about your health or everyday life (including you yourself)

You don’t need to live in paranoia from day to day while your workers’ comp case is ongoing. But it is worth taking a few cautious steps to avoid adding unneeded stress to your case. Stick to your doctor’s orders, and don’t take any unnecessary risks—both for the sake of your health, and your workers’ comp case. If you are not sure about what to share online while your case is ongoing, consult your workers’ compensation attorney for advice.