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KNOW YOUR RIGHTS: YOU MIGHT BE WATCHED!


Below is useful information for Workers' Compensation

KNOW YOUR RIGHTS: YOU MIGHT BE WATCHED!
By: Henry C. Davis, Esquire

          ARE YOU BEING WATCHED? If you are out of work because of a workers compensation covered accident, it is entirely possible. Insurance companies hire detectives to follow and videotape injured workers in hopes of finding a person is collecting benefits and working. Even if you are not doing anything outside your doctor’s orders and are not working, that does not mean you should not be concerned about surveillance. Often, a short bit of videotape taken out of context can allow an insurance company to claim you are capable of regular work activities because what you are seen on the tape doing is roughly the same as what some limited duty jobs require. Since the tape does not include the two hours of rest that was necessary immediately after doing the activity, the insurance company will insist that the short period of activity is proof that you can work. Often it is no such thing, but in this situation it is more about what they can make it look like than the actual truth of the matter. Many times the investigators will provide tape showing that an injured worker visited and spent time at a business owned by a family member. In those cases, insurance companies interpret the tape to mean that the injured worker is, in fact, working, despite the fact the injured worker is not being paid and is not engaging in activities exceeding the restrictions imposed by the treating doctor. All too often, injured workers lose benefits because of 15 or 20 minutes of videotape that looks like something it is not.

One other problem is that, with the limited information the investigators have on the injured worker, they often end up following a family member or friend of the injured worker, taping that person’s normal activities and the insurance company will assume that the person in the tape is the injured worker. There is little you can do about either problem; the insurance company is entitled to have the injured worker surveiled.  When they draw incorrect conclusions about what is depicted in the tape, it is too late to fix the problem. If you are injured and out of work as a result, whenever you go out in public, assume you are being watched and taped. Assume that anything you do will be judged by what someone can make it look like, not what actually happened. You should also make sure the people in your daily activities know about the problem and that they let you know if they re followed by the investigators. (Usually in Sussex County they stick out clearly in your neighborhood, so you will see them if you pay attention.) Of course, if your benefits are challenged because of such surveillance, you will need an attorney experienced in workers’ compensation. Call today for a free consultation: 1-888-408-0606

 

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The information on this website is offered for general informational or educational purposes and does not constitute legal advice. It is our intention to keep the materials current but there is no guarantee they are up to date. Do not act or rely upon the information without seeking the advice of an attorney. Most of the attorneys in our firm are licensed and practice in the State of Delaware. The information provided in this website deals, for the most part, with the laws of Delaware. Although Delaware is the primary practice jurisdiction of our firm, we also have attorneys licensed in other states, including PA, NJ & MD. Eric M. Doroshow is the attorney in the firm primarily responsible for maintaining this website.© Law offices Doroshow, Pasquale, Krawitz and Bhaya, 2009-2015. This website is advertising material as defined by the DE Rules of Professional Conduct. Powered by DTOnline.