How Social Media Posts Can Impact Your Workers’ Comp Case
Social media does more than just connect us to our friends and colleagues. We’ve grown accustomed to posting various aspects of our lives, but when it comes to legal matters, that’s not always a wise choice.
If you’re applying for or receiving workers’ compensation benefits, it’s a good idea to be cautious when it comes to what you post online. You never know who’s watching and how your posts can damage your workers’ comp case.
How Can Social Media Posts Affect Your Case?
The Miranda Rights state that “anything you say can and will be used against you.” Along the same lines, anything you post online can and will be used against you if you are attempting to receive workers’ compensation benefits in California.
That means if you are injured at work and file a workers’ comp case, your employer’s workers’ compensation insurer will most likely be watching your social media channels to see what you are posting online.
What are Insurance Companies Seeking to Find?
Sometimes insurance companies try to get video footage of a claimant when they are not expecting it. However, many investigators realize they don’t always have to follow you to get the footage they need. Many times, they can get the footage they need more expediently from your social media accounts.
Specifically, investigators are looking for any comment, picture, or video that can absolve them from liability or at least raise doubts about your workers’ compensation claim. Of course, they’re looking for any evidence that contradicts your injury claim. For example, if you claim your back is experiencing excruciating pain, a social media post of you lifting weights or splitting firewood would be enough to have your claim rejected.
Some content you might post might not be as obvious. Even a comment as benign as “What a beautiful day” can cast doubts on your claims.
What Can You Do to Protect Yourself?
The lawyers for insurance companies make their living turning other people’s innocent comments and pictures against them. They have a knack for making the innocuous appear incriminating – all to get your compensation benefits denied.
While the privacy settings on your social media do not protect you completely, they are a good place to start. It’s important to note, however, that insurance companies can request a subpoena to obtain private content.
That’s why it’s best to watch what you post online. If you are receiving workers’ compensation benefits, you should operate under the assumption your social media accounts are under surveillance.
Don’t post pictures of yourself or allow others to post pictures of you. It’s also wise to refrain from referring to your injury or your workers’ comp claim.
Let a Reputable Workers Compensation Attorney in California Handle Your Case
Remember, anything you post to your social media channels can be used against you. If you need help filing for workers’ compensation, allow our experienced San Jose worker’s comp attorneys to gather evidence to support your claims and avoid the missteps that often get workers’ compensation claims rejected.
