The National Insurance Crime Bureau reports that fraud among workers’ compensation claims costs insurers and employers about $7.2 billion every year. Pennsylvania workers could be interested to learn that insurers are turning to social media and surveillance to detect fraudulent claims and dishonest workers.
In California alone, workers’ compensation fraud investigators identified more than 5,700 potential fraud cases during the 2014 fiscal year. With 255 arrests and 248 cases referred for prosecution, insurance companies lost about $242.7 million during the period. However, insurance departments in the state and elsewhere actively use social media and other surveillance when they investigate possible workers’ compensation fraud.
Several signs point to an employee who could be fraudulently claiming workers’ compensation, according to a small business insurer. These include contradictory descriptions of the workplace accident, a history of compensation claims, no witnesses, and reporting an injury from the prior week on Monday morning.
When claims seem suspicious, social media and surveillance are two methods of verifying them. Social media could provide photos of injured workers participating in activities or work that their claims say they cannot do. These platforms may help verify the residences of these individuals through photos that could contain metadata such as where and when the photos were taken.
Social media can be an effective method of confirming an alibi, confirming other policy application information, locating witnesses, and verifying disability status. It can also be used as a precursor for surveillance, which is more expensive. By looking through social media first, claims investigators can save time and money waiting for an injured worker to be spotted.
When employees suffer from workplace accidents and injuries, they need to report them right away so that it does not appear like they are lying if they report them later. If they are wrongly accused of committing fraud for some reason, they could obtain the assistance of workers’ compensation attorneys to help them gather evidence to support their claims.
Introduction
The rise of social media has transformed the way we communicate, interact, and share information. However, this increased online presence can have significant implications for workers’ compensation claims.
Social media platforms have become a valuable resource for employers, insurance companies, and claims professionals to investigate workers’ compensation claims. In this article, we will explore the role of social media in workers’ compensation claims, how it can affect a case, and the admissibility of social media evidence.
The Role of Social Media in Workers’ Compensation Claims
Social media has become an integral part of our daily lives, with over 169 million Facebook users in the United States alone. This increased online presence has created a wealth of information that can be used to investigate workers’ compensation claims.
Social media platforms can provide valuable insights into a claimant’s daily activities, state of well-being, and potential inconsistencies in their reported injuries or disabilities. Employers and insurance companies are increasingly turning to social media to monitor and investigate workers’ compensation claims, making it essential for claimants to be mindful of their online presence.
How Social Media Can Affect a Workers’ Compensation Case
Social media can have a significant impact on a workers’ compensation case. A claimant’s social media posts can be used to contradict their reported injuries or disabilities, potentially leading to a denial of benefits.
Furthermore, social media evidence can be used to identify potential witnesses or co-conspirators, locate the individual to make traditional surveillance efforts more efficient and successful, and even catch employees lying about their whereabouts or engaging in activities inconsistent with their alleged disability. It is essential for claimants to be cautious about what they post on social media while their claim is in progress.
The Admissibility of Social Media Evidence in a Workers’ Compensation Claim
Social media evidence is subject to the same standards and treatment as any other form of evidence. To be admissible in court, social media evidence must be verified and properly maintained to ensure the integrity of the chain of evidence. Employers, insurance companies, and their legal representatives must provide a proper explanation of any social media evidence they wish to introduce. Additionally, social media evidence must be relevant to the case and not prejudicial. It is crucial for claimants to understand the admissibility of social media evidence and how it can impact their case.
Why Rubin, Glickman, Steinberg & Gifford P.C. Is Your Trusted Partner in Workers’ Compensation Cases
Facing accusations of workers’ compensation fraud or navigating a contested claim can be overwhelming. At Rubin, Glickman, Steinberg & Gifford P.C., we understand the challenges workers encounter and are here to protect your rights. With over 65 years of experience in Pennsylvania, we provide tailored legal solutions for workers’ compensation claims, including cases involving social media evidence and fraud investigations.
Recognized by U.S. News & World Report and Pennsylvania Super Lawyers, our team is dedicated to helping you gather evidence, respond to disputes, and secure the benefits you are entitled to receive. Contact us at (215) 822-7575 or through our contact form for a comprehensive case evaluation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 29, 2025
