Can Social Media Harm Your Alabama Workers Compensation Case?

Can Social Media Harm Your Alabama Workers Compensation Case?

What Every Injured Worker Should Know Before Posting Online

You have just suffered a serious work injury.  You are in pain.  Friends and family begin asking how you are doing.  You post a photograph of yourself at your child’s birthday party.

A few days later, you upload pictures from a family cookout.

Someone tags you in photographs from a weekend fishing trip—even though you spent most of the day sitting in a lawn chair because your back hurt too badly to stand.

None of these posts seems unusual.  Months later, however, those same photographs appear as exhibits during your workers’ compensation case.  The insurance company argues:

“If he can do this, he must not be seriously injured.”

Welcome to one of the most common—and avoidable—problems in modern workers’ compensation litigation.

Today, insurance companies routinely review publicly available social media when investigating claims. What you post, what others post about you, and even what you delete may affect your case.

Fortunately, understanding the risks can help you avoid costly mistakes.

Assume the Insurance Company Will Look

Many injured workers believe their Facebook, Instagram, TikTok, X (formerly Twitter), or other social media accounts are private.

Sometimes they are.

Sometimes they are not.

Even when privacy settings are in place, photographs and comments may become available through:

• friends or family members;
• tagged photographs;
• public comments;
• discovery during litigation;
• subpoenas in appropriate circumstances; or
• screenshots taken before content is removed.

Insurance adjusters, investigators, and defense attorneys understand that social media often provides a window into a claimant’s daily activities.  Whether the evidence ultimately proves anything is another question.

But they will look.

A Photograph Rarely Tells the Entire Story

One of the biggest problems with social media is that it captures only a single moment.

Imagine this situation.  An injured worker attends his daughter’s wedding. He smiles for family photographs.

The insurance company later argues: “He doesn’t look injured.”

What the photographs do not show is that:

• he spent the next two days in bed recovering;
• he took pain medication before the ceremony;
• family members helped him walk;
• he left the reception early because of severe pain; or
• he was unable to participate in many of the activities.

Social media often presents a carefully selected highlight—not the entire story.

A picture may show what someone did for a few seconds, but it rarely shows what happened before or afterward.

Be Careful What You Post About Your Activities

Insurance companies often compare social media posts with:

• medical records;
• physician restrictions;
• deposition testimony;
• surveillance videos;
• employment records; and
• statements made during the claim.

For example, problems may arise if an employee:

• posts videos lifting heavy objects after reporting severe back pain;
• checks in at a gym while claiming an inability to walk;
• uploads hunting or recreational sports photographs inconsistent with reported limitations;
• boasts about home improvement projects while receiving disability benefits; or
• posts comments suggesting the injury occurred somewhere other than work.

Sometimes these posts are misleading.

Sometimes they are taken out of context.

Regardless, they often become evidence.

Recommended Reading: Common Reasons Alabama Workers’ Compensation Claims Are Denied.

Be Careful What Other People Post About You

Many injured workers carefully avoid posting anything themselves, but they forget that other people can post about them.

Friends may tag you in photographs.  Family members may upload videos.  Someone may identify you at a sporting event or vacation.

Even if you never touched your phone, those posts may still become discoverable.

Consider reviewing your privacy settings and asking close family members not to tag you in photographs while your claim is pending.

Never Exaggerate—But Never Minimize Your Limitations

Honesty remains your greatest protection.

Do not exaggerate your symptoms.

Equally important, do not pretend everything is fine simply because you do not want friends and family to worry.

Many injured workers feel pressure to appear strong.  They post cheerful photographs despite significant pain.

There is nothing wrong with enjoying life’s special moments.  The problem arises when isolated social media posts are later used to suggest you have fully recovered.

Your medical records, your testimony, and your daily activities should accurately reflect your true condition.

Consistency matters.

Surveillance and Social Media Often Work Together

Insurance companies sometimes conduct surveillance in addition to reviewing social media.

Imagine this example.  An investigator observes an injured worker carrying groceries into the house.  Later that evening, the worker posts photographs from a family gathering.

The defense may attempt to combine both pieces of evidence to argue the employee is more physically capable than claimed.

Whether that conclusion is accurate depends upon the complete facts.  Nevertheless, surveillance and social media frequently become part of the same investigation.

Recommended Reading: Can the Insurance Company Have Me Followed by a Private Investigator?

Do Not Delete Existing Social Media Posts

This may be the single most important advice in this article.

After learning that insurance companies review Facebook or Instagram, many injured workers immediately begin deleting photographs, comments, and posts.

That can be a serious mistake.

Once litigation is pending—or even reasonably anticipated—you may have a legal duty to preserve evidence that could be relevant to the case.  Deleting existing social media posts may expose you to allegations of spoliation of evidence.

Spoliation is the destruction, alteration, or failure to preserve evidence that may be relevant to pending or anticipated litigation.  If a court concludes relevant evidence was intentionally destroyed, the consequences can be significant. Depending on the circumstances, a court may:

• allow questioning about the deleted evidence;
• permit an adverse inference that the missing evidence would have been unfavorable;
• impose discovery sanctions;
• limit the presentation of evidence; or
• take other actions authorized by law.

The better course is almost always this:

Do not delete existing posts.

Can You Stop Posting During Your Case?

Generally speaking, that is often one of the safest approaches.  Although every case is different, many attorneys advise clients to:

• avoid discussing the accident online;
• avoid discussing medical treatment;
• avoid discussing settlement negotiations;
• avoid posting photographs showing physical activities;
• avoid commenting about the employer or insurance company;
• avoid accepting friend requests from people you do not know; and
• think carefully before posting anything that could later be misunderstood.

Remember:

If you would not want a judge reading your post in open court, you probably should not publish it.

Social Media Is Only One Piece of the Puzzle

It is important to keep social media in perspective.  A single photograph rarely decides a workers’ compensation case.  Courts evaluate all of the evidence, including:

• medical records;
• physician testimony;
• diagnostic testing;
• witness testimony;
• vocational evidence;
• your own testimony; and
• the circumstances surrounding any photographs or videos.

Social media may become relevant, but most can be explained-but the best advice is not to post anything during the pendency of your claim.

The Bottom Line

Social media has become part of everyday life.

It has also become part of modern workers’ compensation litigation.

Insurance companies and defense attorneys frequently review social media looking for photographs, comments, or videos they believe are inconsistent with an injured worker’s claim.

The safest approach is simple:

• Be truthful.
• Be cautious.
• Do not discuss your claim online.
• Assume anything you post could someday be reviewed in court.
• Never delete existing posts without first obtaining legal advice, as doing so may create serious spoliation issues.

A few moments of caution today may prevent months of unnecessary litigation tomorrow.

At Powell and Denny, we have spent decades helping injured workers prove the connection between their workplace accidents and the benefits to which they are entitled under Alabama law.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.