I’ve Had My Share of the Spying Game… OR Whatever You Post Can And Will Be Used Against You

By: Rodman Martin, Esq.

If you are alive and have access to Wi-Fi and a smartphone, you also likely have a social media account.  Social media includes all of the following; Facebook, Instagram, Twitter, LinkedIn, etc.  When a person posts on one these platforms, the person is typically posting to share with others; whether it be photos, travel plans, what they had for breakfast, etc.  You know, all of the exciting and important stuff.

How does this relate to workers’ comp?  Good question!  It isn’t because I have info to tell you about a Facebook group set up for injured workers in CA to organize and share stories about medical care delays and denials (if there isn’t one maybe there should be), BUT because insurance companies love to spy on injured workers through their social media accounts.  If a person gets injured at work, files a claim, is then off of work because they cannot physically do the work, but then is on social media posting that they had a great workout at the gym or how much fun parasailing in Hawaii is, then it does not look good and looks like a possible fraud situation to the insurance company.  This could be the case even if you think you are posting about activities that aren’t related to work.  If you have filed a carpal tunnel claim related to the stress and strain of repetitive typing, and then tweet about the hours you have put in playing a video game or posting the equivalent of short stories about knitting quilts on Facebook, that alleged carpal tunnel injury all of a sudden doesn’t look like it is impacting you all that much.

You might then ask, “well what about my privacy settings?”  Setting your privacy to a very restrictive setting will help, but it is still not foolproof.  The best rule of thumb is to not post nor be active on social media during a workers’ compensation claim.  Try not to be tagged in photos and posts! However, do like our Facebook page 😊

Disclaimer: The information provided above pertains to the law and is intended to help the person visiting this site with legal information. But legal information is not the same as legal advice; the application of law to an individual’s specific circumstances. No guarantees are made as to the accuracy and applicability of the information provided to a particular person’s situation and legal needs. It is recommended that the person consult with a lawyer in order to professionally evaluate their particular situation.