It’s second nature these days to share our lives on social media. Whether it's a photo from the weekend, a post about how we're feeling, or an update on work or health, platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) have become digital diaries for millions. But if you're going through a workers’ compensation claim in Vermont, that instinct to share can work against you in serious ways.
What might seem like an innocent post can be used as evidence against you. Insurance companies and defense attorneys frequently monitor claimants' online activity to find reasons to deny or limit benefits. Even posts that aren't directly related to your injury can be twisted or taken out of context to cast doubt on your claim.
Read this article to find out why social media use during a Vermont workers’ comp claim can be risky, how insurance companies may use your posts against you, and what you should do instead. If you're filing or fighting for workers’ compensation, it's important to be cautious—and to know your rights.
How Social Media Can Affect Your Vermont Workers’ Comp Claim
When you file a workers’ comp claim in Vermont, you're basically saying you were injured on the job and that the injury prevents you from working, either temporarily or permanently. Your employer’s insurance company has a financial incentive to verify (or challenge) that claim. One of the first places they may look? Your social media profiles.
Posts Can Be Taken Out of Context
You might post a smiling photo with friends or a video of yourself at a birthday party. But to an insurance adjuster or defense attorney, that content can be used to argue that you're not in pain or not as injured as you claim. Even a photo of you carrying groceries or going on a short walk could be misinterpreted as evidence you’re exaggerating your limitations.
Comments Can Undermine Your Case
In addition to photos and videos, comments on your own posts—or posts made by others—can also hurt your claim. If you downplay your injury, make jokes about your time off work, or say something inconsistent with your medical reports, those words can come back to haunt you in a hearing.
Location Tags and Check-Ins
Even something as simple as tagging your location at a gym or out-of-town event may raise questions. If your doctor advised you to rest, and your social media shows you hiking, dancing, or traveling, it could damage your credibility—regardless of what actually happened.
Vermont Workers’ Compensation and Surveillance
Under Vermont law, workers’ compensation is governed by the Vermont Department of Labor. It is generally a requirement that employers carry workers’ comp insurance to provide an injured worker with benefits such as medical care, wage replacement, and vocational rehabilitation. But proving your eligibility often depends on your credibility and consistency.
Insurance companies may hire investigators or conduct online surveillance to monitor your activities. That includes browsing social media content that is public—or even semi-private if obtained through other means. Courts across the country have found that social media posts can be admissible evidence, especially if the content is publicly accessible.
While Vermont doesn’t have a specific statute about social media use in workers’ comp cases, existing case law and national trends suggest that online behavior can and will be used to evaluate the legitimacy of your workers’ comp claim.
Privacy Settings Are Not a Guarantee
You might think your social media profiles are safe because they’re private or locked to “friends only.” But in legal matters, privacy settings aren’t a solid shield. Insurance adjusters can:
- Use fake accounts to follow or friend you
- Access tagged photos through others’ public accounts
- Subpoena posts or messages if the case proceeds to a formal hearing or court
Even deleted posts might be retrieved through digital forensics or legal discovery if your case escalates.
Real-Life Consequences of Oversharing
Here are a few examples of how social media has backfired for claimants in workers’ compensation cases:
- A worker claiming a serious back injury posted vacation photos showing paddleboarding. The insurance company argued the worker was exaggerating pain and denied benefits.
- A warehouse employee posted about doing home renovations while out on medical leave. The employer’s insurer used those posts to challenge the extent of the injury.
- A nurse receiving workers’ comp benefits was tagged in friends’ photos from a bachelorette party, where she appeared dancing. Investigators used this to argue she was not as physically limited as she reported.
These are just a few illustrations of how quickly a casual post can jeopardize an otherwise valid claim.
What You Should Do Instead
Limit or Pause Your Social Media Use
If you’ve filed a workers’ comp claim—or are considering one—it’s wise to limit your online activity. Better yet, consider pausing your social media altogether while your case is pending.
Don’t Discuss Your Injury or Case Online
Never post about your injury, doctor visits, legal consultations, or insurance updates. Avoid commenting on posts that reference your case, even if you’re just trying to clarify something.
Ask Friends and Family to Avoid Tagging You
Let your close contacts know that you’d prefer not to be included in photos or tagged in locations. Even well-meaning posts from others can create problems if they show you doing something that contradicts your injury claims.
Keep Your Attorney Informed
A workers’ compensation lawyer can advise you on how to handle online exposure and help you understand what’s considered safe versus risky. Let your attorney know if you’ve posted something that might be misinterpreted, so they can be prepared to address it.
The Role of a Workers’ Comp Attorney in Vermont
Navigating a workers’ comp claim in Vermont isn’t just about paperwork—it’s about protecting your credibility and standing up against efforts to minimize your injury. A skilled workers’ compensation attorney will help you:
- Present a consistent and accurate claim
- Avoid missteps that could be used against you
- Handle insurance disputes and denials
- Prepare you for hearings and investigations
At Brandon J. Broderick, Attorney at Law, we’ve seen how social media missteps can harm even the most legitimate workers’ compensation claims. We advise clients from day one on how to protect their case—and their reputation—both in and out of the courtroom.
Call Brandon J. Broderick For Legal Help
If you're pursuing a workers’ compensation claim in Vermont, the last thing you want is for a social media post to derail your case. At Brandon J. Broderick, Attorney at Law, we’re here to help you navigate the claims process, avoid common pitfalls, and fight for the benefits you deserve.
Our team understands Vermont workers’ comp laws and how insurance companies operate. Let us advocate for you—on your terms, and with your future in mind. Contact us today for a free consultation and find out how we can help protect your claim and your recovery.