How Surveillance Impacts a Workers’ Comp Claim

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How Surveillance Impacts a Workers’ Comp Claim

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Posted By DAM Firm | June 15 2020 | Workers' Comp

The last thing anybody expects to happen when they go to work is that they will be injured. However, workplace injuries and illnesses are not uncommon. Information from the Bureau of Labor Statistics (BLS) shows that there have been approximately 2.8 million non-fatal workplace injuries or illnesses in each of the last two years of data available. If you are injured on the job in California, you may find that surveillance footage could help bolster your workers’ compensation claim.

How Could Surveillance Footage Help a Workers’ Compensation Claim?

Surveillance footage can be incredibly beneficial for any workers’ compensation claim that has been delayed or denied because an employer or insurance carrier doubts the validity of the claim. This footage can be used to provide definitive proof that an injury occurred at work and in the manner explained in the incident report. Video surveillance can also be used to show unsafe or poor working conditions that could have contributed to the incident.

It is hard to deny the truth behind a story when it can be viewed by all parties involved, particularly when the video footage has a timestamp verifying when and where the recording took place. There are various types of surveillance footage that may be used in a workers’ compensation case. This includes:

  • Security camera footage from the workplace
  • Cell phone cameras that may have recorded the incident
  • Private investigator cameras (more on this below)

Could Surveillance Footage Hurt a Workers’ Compensation Claim?

Just as surveillance footage of an on the job injury can help bolster a worker’s case, this footage could also be used by an employer or insurance carrier to deny a claim. If the footage available shows that an injury clearly did not occur in the manner the employee describes, or if the footage shows that the employee was engaged in grossly negligent behavior, was intoxicated, or horse playing, then a workers’ compensation claim could be denied.

We need to note that it is possible that insurance carriers or state workers’ compensation investigators will surveil a person who has claimed a workplace injury. The employer or insurance carrier may hire private investigators if they suspect fraud. If you are captured on footage performing daily activities in public that show that you are not seriously injured as claimed, this could result in a complete denial of workers’ compensation coverage.

How Can an Injured Employee Obtain Surveillance Footage?

If you have been injured at work, but your employer or insurance carrier has disputed your claim, you will want to obtain all evidence necessary to prove your case. It is unlikely that your employer is going to voluntarily hand over surveillance footage (though they may) if it helps prove your case. It is strongly recommended that you work with a skilled Orange County workers’ comp lawyer with extensive experience handling these cases. An attorney is your advocate, and they will understand exactly how to obtain surveillance footage before it can be deleted.

If you have any questions about your work injury, contact the team at DiMarco | Araujo | Montevideo. We have a thorough understanding of California workers’ compensation laws, and we are ready to get to work on your case. You can contact us for a free consultation by clicking here or by calling (714) 783-2205.

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