Social media has become a daily part of life for most people. Platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) allow users to stay connected with friends and family, share life updates, and even vent frustrations. However, if you are in the middle of a workers' compensation claim, your social media activity could potentially hurt your case.
Insurance companies and employers often monitor claimants' social media accounts to find evidence that could undermine their claims. Even a simple post, a tagged photo, or a comment can be misinterpreted and used against you. Understanding how social media can impact your workers' compensation case can help you avoid mistakes that might jeopardize your benefits.
We explain how social media can be used against you in a workers' compensation claim, legal issues to think about, and steps you can take to protect your case.
Consulting with an experienced workers comp attorney is the most important step to take. Brandon J. Broderick, Attorney at Law can help you successfully resolve your workers’ comp claim.
How Social Media Can Impact Your Workers' Compensation Claim
Surveillance by Insurance Companies
When you file a workers' compensation claim, insurance companies want to verify the legitimacy of your injuries. Many insurers now use social media as a surveillance tool, checking for inconsistencies between your claimed injuries and your online activity.
For example, if you claim that a back injury prevents you from lifting heavy objects but you post a picture of yourself carrying groceries or participating in a physical activity, insurers may argue that your injury is not as severe as you claim. Even if the post is old or taken out of context, it can still be used to cast doubt on your case.
Posts That Can Be Used Against You
Certain types of posts are particularly risky during a workers' compensation claim, including:
- Photos or Videos of Physical Activity – Even if you are following your doctor’s advice, images of you engaging in recreational activities can be used as evidence against you.
- Check-ins or Location Tags – Posting about vacations, trips, or outings could suggest that your injury is not limiting your mobility as you claim.
- Comments About Your Case – Venting frustrations about your employer, the insurance company, or the claim process can be used against you, especially if you admit to anything that contradicts your claim.
- Posts From Friends or Family – Even if you do not post anything yourself, being tagged in someone else's post that contradicts your claim can still be damaging.
Private Profiles Are Not Fully Private
Many people assume that setting their social media accounts to private will protect them. However, insurance companies and defense attorneys may still find ways to access your content. They may:
- Request access through legal discovery processes.
- View content through mutual friends who have public profiles.
- Use screenshots or cached versions of your posts.
Additionally, courts in some cases have ruled that claimants must provide access to social media accounts if the content is deemed relevant to the case.
How Courts View Social Media Evidence
Courts have increasingly allowed social media content as evidence in legal proceedings, including workers' compensation cases. Judges often rule that public social media posts are fair game and can be admitted as evidence. Even posts that you deleted can sometimes be recovered and used in court.
Insurance companies may argue that social media posts contradict medical records or witness statements, potentially leading to a reduction or denial of benefits.
How to Protect Your Workers' Compensation Claim
Limit Social Media Activity
To avoid jeopardizing your claim, consider minimizing your social media activity while your case is ongoing. If possible, avoid posting anything related to your health, activities, or legal matters. Even seemingly harmless updates can be misinterpreted.
Adjust Privacy Settings
Although privacy settings do not make your content completely secure, they can help limit access. Ensure that:
- Your account is set to private.
- You limit who can tag you in posts.
- You review and approve any content before it is shared on your profile.
Avoid Discussing Your Case Online
Never post about your workers' compensation claim, employer, or insurance company online. Even expressing frustration about delays or legal proceedings can be used against you.
Inform Friends and Family
Let close friends and family members know about your claim and ask them not to tag you in posts, photos, or check-ins. Explain that even an innocent post can be misinterpreted.
Consult an Attorney Before Posting
If you are unsure whether a social media post could affect your case, consult your attorney before posting. A workers' compensation lawyer can provide guidance on what to avoid and how to protect your claim from potential scrutiny.
Call Brandon J. Broderick For Legal Help
Navigating workers’ compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers attorneys at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.