You were injured at work, and you did everything right: You reported the incident to your boss, sought medical attention and filed your workers’ compensation claim.
Now, you have the constant feeling that somebody is watching you. Are you just being anxious, or do you actually have reason to be concerned?
If your claim has any red flags, your instincts could be right
Employers and insurers are constantly looking for “red flags” that indicate workers’ comp fraud. Unfortunately for injured workers, the red flags are hard to avoid.
Were you in a hurry to file your workers’ comp claim because you were worried about your finances? Were you injured on a Monday morning or a Friday afternoon? Did you recently have words with your supervisor about your working conditions? Did you not answer the phone a few times when your employer called because you weren’t feeling well? Any of those things (and numerous others) can be enough to put you under suspicion of exaggerating or outright faking your injuries.
Insurers will sometimes hire private investigators to do a little surveillance when they’re suspicious, so if you think that you’re being watched, it’s safer to assume that you’re right.
Investigators can get pretty creative, so be cautious
Generally speaking, a private investigator cannot trespass on your private property, nor can they enter your home without your permission. In New Hampshire, they are even limited in the kind of equipment that they can use to photograph or record you when you’re someplace where you have a reasonable expectation of privacy – so you probably don’t need to worry about telephoto lens peeking through your living room curtains or a drone filming you in your fenced-in backyard.
However, they can follow you in public places, and they might – especially if they hope to catch you doing something that you’re not supposed to be able to do. For example, you might be watched while going to and from your doctor’s appointments or while you’re at a grocery store. They can also watch and record your comings and goings from across the street from your house.
As frustrating as the situation may be, you don’t have anything to worry about as long as you’re following your doctor’s orders. If you think that an insurance company or its investigators are being abusive, however, or that your workers’ comp claim is being unfairly delayed, it may be time to explore your legal options.