Vermont workers injured on the job may be surprised to learn that insurance companies sometimes use private investigators and surveillance footage to challenge claims. While such tactics are legal under certain conditions, the way the evidence is collected and presented can significantly affect whether it can be used to deny benefits.

How Insurance Companies Use Surveillance in Vermont Workers’ Comp Cases

Workers’ compensation insurance carriers have a financial incentive to reduce payouts. One method they use is hiring investigators to monitor an injured worker’s daily activities. Surveillance may be conducted openly or discreetly, often involving video footage, photographs, and even social media monitoring.

Common Types of Surveillance

• Video and Photo Monitoring: Capturing footage of a worker performing tasks that appear inconsistent with their reported injury.
• Social Media Tracking: Reviewing public posts, photos, or videos that could suggest the worker is more active than claimed.
• Direct Observation: Following the injured worker in public places to note activities or behaviors.

Insurance adjusters often compare these findings to the medical restrictions stated by doctors. If they believe there is a discrepancy, they may argue the injury is exaggerated or unrelated to the workplace incident.

Legal Boundaries for Surveillance in Vermont

In Vermont, insurers can use surveillance in a workers’ comp case as long as it does not infringe on privacy rights. Because most activities in public spaces have no reasonable expectation of privacy, investigators are generally allowed to record workers in those settings.

However, there are restrictions:

• No Trespassing: Investigators cannot enter private property without consent.
• No Harassment: Continuous or aggressive surveillance that interferes with a worker’s life could be challenged.
• Adherence to Evidence Rules: Even if surveillance is obtained legally, it must be relevant, authentic, and not misleading to be admissible in a claim dispute.

How Surveillance Footage Can Be Used to Deny Benefits

If an insurer believes surveillance footage contradicts medical records or testimony, they may:

1. Request a Claim Review: Using the footage as a basis to question ongoing benefits.
2. Challenge Medical Opinions: Presenting the footage to doctors, hoping they will adjust their assessment of the worker’s restrictions.
3. Dispute Credibility: Arguing that the worker has misrepresented the extent of the injury.

It is important to note that surveillance alone is rarely enough to deny a claim in Vermont. However, when combined with other evidence—such as inconsistent medical reports or witness statements—it can become persuasive in a denial or reduction of benefits.

Examples of Surveillance Impact in Vermont Workers’ Comp Cases

Scenario 1: Lifting Restrictions Ignored

An employee with a documented lifting restriction of 10 pounds is filmed carrying heavy grocery bags. Even if this was a one-time necessity, insurers may use it to argue the injury is not as limiting as claimed.

Scenario 2: Contradictory Social Media Posts

A worker recovering from a knee injury posts vacation photos showing them hiking. Even if the hike was short or staged for a photo, insurers may interpret it as evidence the injury is exaggerated.

Scenario 3: Positive Example for the Worker

Surveillance shows the injured worker using crutches consistently and avoiding activities that would aggravate the injury. In such cases, the footage can actually support the worker’s credibility.

How Workers Can Protect Their Claims from Surveillance Tactics

Follow Medical Restrictions Exactly

If your doctor has placed limits on lifting, bending, or other movements, adhere to them in every aspect of daily life. Even a brief lapse could be taken out of context.

Be Mindful of Public Activities

Understand that you may be observed in public spaces, including parking lots, stores, and events.

Check Your Social Media

Avoid posting photos, videos, or comments that could be misinterpreted. Even private accounts can be subject to discovery in some cases.

Communicate Honestly with Your Doctor

If you experience improvement or worsening of your condition, report it truthfully. Honest communication can help prevent discrepancies that surveillance footage might exploit.

Challenging Surveillance Evidence in Vermont

Surveillance is not automatically accepted as valid proof. A skilled workers’ comp attorney can challenge it by:

• Questioning Relevance: Showing the activities in the footage do not violate medical restrictions.
• Highlighting Context: Explaining why an activity was performed despite the injury, such as an emergency.
• Scrutinizing Legality: Determining whether the evidence was obtained unlawfully or constitutes harassment.
• Comparing to Medical Evidence: Demonstrating that medical evaluations still support the injury claim despite the footage.

When Surveillance Works Against Insurers

Sometimes, the very evidence intended to discredit a worker strengthens their case. For instance, if hours of surveillance yield no activities beyond medical restrictions, it can show that the worker’s claims are consistent and truthful. In Vermont, a lack of incriminating footage can undermine the insurer’s argument for denial.

Why Legal Representation Matters

Workers’ comp cases in Vermont can become complex when surveillance is involved. An experienced attorney can:

• Review the footage for legal and factual flaws.
• Prepare the worker for questions and challenges based on the footage.
• Present counter-evidence, including medical records and witness testimony.
• Ensure the insurer follows Vermont law in evidence gathering.

Since Vermont law allows insurers some leeway in monitoring claimants, having legal guidance early can help avoid missteps that could jeopardize benefits.

Conclusion

Surveillance can be used to deny a Vermont workers’ comp claim if it appears to contradict medical restrictions or the worker’s account of their injury. However, such evidence is not automatically decisive and must meet legal standards to be admissible. Injured workers can protect themselves by following medical restrictions, being mindful of public activity, and seeking experienced legal counsel to challenge unfair use of surveillance. With the right approach, it is possible to counter these tactics and secure the benefits you deserve.

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

Navigating Workers Compensation Claims in Vermont 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.