Workers’ compensation benefits in Pennsylvania are meant to provide medical care and wage replacement for employees injured on the job. However, insurance carriers sometimes hire private investigators to monitor claimants, looking for signs that could undermine a case. Knowing what these investigators watch for—and how to protect your rights—can make the difference between keeping your benefits or facing a denial.

Why Workers’ Comp Investigators Are Hired in Pennsylvania

Insurance companies have a financial interest in limiting payouts. If there’s any suspicion of fraud or exaggeration, they may employ surveillance to gather evidence. Investigators aim to capture activities that suggest the injury isn’t as severe as reported, or that the worker is violating the rules of their claim.

These investigations often occur when:

• The injury is difficult to prove (like soft-tissue or repetitive strain injuries)
• There’s a dispute over the extent of disability
• The worker has been on benefits for an extended period
• A tip or anonymous report raises doubt

Common Surveillance Tactics Used in PA Workers’ Comp Cases

Video and Photo Monitoring

Investigators may follow a claimant in public spaces, recording them performing activities inconsistent with their medical restrictions. For example, if someone receiving benefits for a severe back injury is seen lifting heavy items or playing a sport, that footage could be used to challenge the claim.

Social Media Scrutiny

Public posts on Facebook, Instagram, TikTok, or other platforms. can be just as damaging as physical surveillance. Photos, videos, or even comments that suggest the worker is more active than claimed can be presented as evidence.

Example: A casual post about going hiking—even if the person did not actually hike—can create damaging assumptions.

Interviews with Neighbors and Co-Workers

Some investigators gather information from acquaintances, neighbors, or former colleagues. Innocent conversations can be twisted into damaging statements if taken out of context.

Background Checks and Records Review

In addition to surveillance, investigators may look at employment history, criminal records, or side-business registrations to determine if the worker is secretly earning income.

Specific Red Flags Investigators Look For

Inconsistencies in Reported Limitations

If your statements to doctors, employers, or the insurance company differ from what is observed in real life, this raises suspicion. Even small contradictions—like telling a doctor you cannot bend, then being seen bending to pick up groceries—can be used against you.

Signs of Undisclosed Employment

Working another job, even part-time or “off the books,” while collecting benefits is generally prohibited. Investigators look for patterns suggesting you’re earning income, such as repeated visits to a workplace or wearing a company uniform.

Activities That Contradict Medical Restrictions

Every approved workers’ comp claim in PA has a medical treatment plan. Engaging in activities your doctor says you should avoid—like lifting heavy objects, prolonged standing, or intense exercise—can threaten your benefits.

Suspicious Timing of Symptoms

If pain complaints or medical updates coincide with scheduled evaluations or legal proceedings, insurers may suspect exaggeration to prolong benefits.

Legal Limits on Workers’ Comp Surveillance in Pennsylvania

While investigators have broad leeway, they must follow state and federal privacy laws. They cannot:

• Enter your home without permission
• Record you inside your home through windows
• Tap your phone or hack online accounts
• Harass or threaten you

However, anything you do in public, including your front yard, can generally be observed and recorded.

How to Protect Your Pennsylvania Workers’ Comp Claim

Follow Your Medical Restrictions Exactly

The safest way to avoid trouble is to adhere strictly to your doctor’s recommendations. If your condition improves, report it to your physician and insurer—don’t try to “test” your limits in public.

Limit Social Media Activity

Ideally, pause posting on social platforms until your claim is resolved. At the very least, set accounts to private and avoid sharing photos or updates that could be misinterpreted.

Be Consistent in All Statements

Your description of symptoms should remain the same whether speaking to your doctor, physical therapist, employer, or insurer. Keep a personal injury journal to help track your pain levels and activities accurately.

Avoid Potentially Misleading Activities

Even innocent actions—like carrying a light grocery bag—can be misread if caught on camera. If you must engage in a physical activity, make sure it’s within your documented medical limits.

The Role of Your Workers’ Compensation Attorney

An experienced Pennsylvania workers’ comp lawyer can:

• Review any evidence gathered by investigators
• Challenge misleading or out-of-context surveillance footage
• Ensure the insurer follows legal limits during the investigation
• Advise you on daily activities that may pose risks to your claim

If you suspect you’re under surveillance, your attorney can help you respond without jeopardizing your case.

Conclusion

In Pennsylvania, workers’ comp investigators look for inconsistencies, undisclosed employment, and activities that conflict with medical restrictions. While surveillance is legal in many public settings, there are clear boundaries investigators must follow. Staying consistent, following your doctor’s orders, and being mindful of what you do in public can help protect your benefits. If an investigation is underway, having skilled legal representation ensures your rights remain protected and your case stays strong.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania's Workers Compensation Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers 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.