Know Who Is Watching You After A Workplace Accident

25 July 2022
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Workers' compensation insurance can cover those hurt in workplace accidents. In most cases, the worker receives treatment free of charge and goes back to their job. However, certain types of accidents are not as easily resolved. Read on and learn who might be watching you and why after you file a workers' compensation claim.

Suspected of Fraud?

It can be upsetting to be hurt because of work injury and then find out that the workers' compensation insurer doubts you. They might not believe that you have a work injury, or they might not agree that your injury needs more time to heal, for example. You may also encounter problems with a permanent injury.

Permanent injuries stand out for several reasons. One of the main issues is that you may never be able to work at your job again. The ruling of a permanent injury often comes after the workers' comp insurer asks the hurt worker to be examined. The independent medical exam (IME) is performed by a new doctor that may work on contract with the insurer.

Another issue about permanent injuries is the amount of money involved. Once you are ruled to be permanently injured, you are likely entitled to a lump sum payment. This settlement is meant to replace the salary you are no longer able to earn. This type of situation can prompt the insurer to perform surveillance on the hurt worker.

You Are Being Watched

If the insurer can prove that you are not as hurt as you claim to be, you won't be offered a settlement, or you might be offered less than you should. The insurer may send an investigator your way to follow you around for a while. They cannot record you in private, but they can when you are out in public. They will attempt to record you making physical moves that you should not be making if you are injured. If your injury has the potential to result in a big settlement, take these actions:

  1. Be aware of your behavior every time you are in public. Use your adaptive devices like a walker, cane, or brace always.
  2. Avoid being seen in public during situations like a sporting event, on vacation, playing with your child, at the beach, at the park, shopping, and more. Limit your outings to only necessary doctor's visits and the like.
  3. If you disagree with the ruling of the workers' compensation doctor, you probably have the right to ask for another examination.
  4. Settlement issues can be complex. Let a workers' compensation lawyer negotiate your settlement so that you are paid what you deserve.

Speak to a workers' compensation lawyer to learn more.