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

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

What Alabama Injured Workers Should Know About Surveillance

One of the most unsettling questions injured workers ask is: I think someone is following me and taking pictures.  Can the insurance company hire someone to follow me?”

The short answer is: Yes.

In many Alabama workers’ compensation cases, insurance companies hire private investigators to conduct surveillance of injured workers.

For many people, learning this comes as a surprise; it can also be intimidating.

The important thing to remember is this: There is a significant difference between lawful surveillance and unlawful harassment.

Insurance companies have the right to investigate workers’ compensation claims.  They do not have the right to intimidate, threaten, trespass, or harass injured workers.

Understanding the difference can help protect both your rights and your safety.

Why Do Insurance Companies Conduct Surveillance?

Workers’ compensation insurance companies have a legal obligation to investigate claims.

Sometimes surveillance is ordered because:

• the injury is disputed;
• the employee reports severe physical limitations;
• the employer questions the claim;
• medical records appear inconsistent;
• social media suggests activities inconsistent with reported restrictions; or
• litigation is pending.

The investigator’s job is generally to observe and document activities occurring in public places.

The insurance company hopes to determine whether those activities are consistent with the injured worker’s reported limitations.

Sometimes surveillance supports the insurance company’s position.

Sometimes it supports the injured worker’s position.

Many surveillance videos show very little at all.

Recommended Reading: Can Social Media be Used Against Me in my Alabama Workers Compensation claim?

What Can a Private Investigator Legally Do?

Generally speaking, a licensed private investigator may observe activities that occur in places where there is no reasonable expectation of privacy.  For example, an investigator may observe you:

• driving on public roads;
• walking through a parking lot;
• entering or leaving your home;
• shopping at a grocery store;
• attending a child’s ballgame;
• loading groceries into your vehicle; or
• performing activities visible from a public location.

The investigator may also take photographs or video of activities occurring in public view.  This type of surveillance is commonly used in personal injury and workers’ compensation litigation.

What Can’t a Private Investigator Do?

Although investigators have broad authority to conduct lawful surveillance, they are not above the law.

A private investigator generally cannot:

• trespass onto your property;
• enter your home without permission;
• secretly enter fenced areas where there is a reasonable expectation of privacy;
• threaten or intimidate you;
• harass your family;
• block your vehicle;
• create dangerous traffic situations;
• interfere with your medical treatment; or
• violate Alabama or federal law while conducting surveillance.

Simply because someone works for an insurance company does not give that person greater legal authority than anyone else.

What If You Think Someone Is Following You?

This is where workers’ compensation law and common sense intersect.

If you believe someone is following you, you may not know who that person is or why they are following you.  They could be:

• a private investigator;
• someone involved in road rage;
• a stalker;
• someone attempting to commit a crime; or
• someone with no legitimate reason to follow you.

Do not assume the person is an investigator-your personal safety always comes first.

If someone appears to be following you in a manner that causes you concern:

• remain calm;
• do not confront the individual;
• do not drive home if you feel unsafe;
• consider driving to a well-lit public location or police station; and
• if you reasonably believe you are being followed or harassed, call the police.

Law enforcement officers can determine whether criminal activity is occurring.  A legitimate investigator should understand that public safety takes priority over surveillance.

No workers’ compensation investigation justifies placing an injured worker in fear for his or her safety.

Harassment Is Different from Surveillance

Most professional investigators understand the legal limits of surveillance;  however,ocassionally surveillance crosses the line.

Examples might include:

• repeatedly confronting the injured worker;
• following so closely that traffic safety is endangered;
• repeatedly appearing at the worker’s home in an intimidating manner;
• attempting to communicate after being told not to;
• frightening family members; or
• engaging in conduct designed to intimidate rather than observe.

That is no longer simply “investigating.”  In one case we had, an investigator knocked on our client’s door and then acted like they were offering her a job and tried to talk with her about her condition.  At trial, we called the investigator to testify about their conduct, and the judge was not pleased-ironically it probably helped our case as it showed the extent the workers’ compensation insurance provider would go to in an attempt to convince the court our client was able to return to work.

Depending upon the facts, it may become harassment or worse.

If you believe an investigator is acting improperly, document what occurred and immediately notify your attorney.

Recommended Reading: What if I cannot Return to Work?

Should You Change Your Daily Routine?

Generally, no.  One of the worst mistakes injured workers make is attempting to “outsmart” the investigator.

Do not:

• hide in your house because you think someone is watching;
• intentionally exaggerate your limitations;
• attempt to confront the investigator;
• create a scene hoping to “catch” the investigator.

Instead, live your normal life.

Attend your medical appointments.

Follow your physician’s restrictions.

Be honest about your limitations.

If your activities are consistent with your medical condition, surveillance is often far less damaging than many injured workers fear.  In 34 years, I can only recall three times where surveillance has been effective in harming a client’s case.

Surveillance Videos Can Be Misleading

Like social media, surveillance videos often tell only part of the story.  A thirty-second video may show someone carrying groceries.

It may not show:

• the pain experienced afterward;
• the medication taken before the activity;
• the assistance received from family members;
• the need to rest for the remainder of the day; or
• the physical limitations that existed before the recording began.

Context matters.

One isolated activity rarely establishes what an injured worker is capable of doing throughout an eight-hour workday.  That is why courts consider surveillance together with:

• medical records;
• physician testimony;
• diagnostic studies;
• Functional Capacity Evaluations (FCEs);
• vocational evidence; and
• the testimony of the injured worker.

Recommended Readings: What is a Functional Capacity Evaluation?

What is a Vocational Expert, and How do they Affect my Claim?

Tell Your Attorney If Surveillance Has Occurred

If you become aware that surveillance has taken place, let your attorney know so they can obtain a copy of any pictures or videos as your attorney may wish to determine:

• when the surveillance occurred;
• who conducted it;
• whether additional surveillance exists;
• whether the investigator complied with the law; and
• whether the surveillance is consistent with the medical evidence.

Sometimes surveillance actually strengthens an injured worker’s case by showing the employee carefully following medical restrictions.

The Bottom Line

Yes, the insurance company may hire a private investigator to conduct surveillance during your Alabama workers’ compensation claim.  That fact alone should not alarm you.

Professional investigators generally observe activities occurring in public places.  They do not have the right to harass you, threaten you, trespass onto your property, or place you in fear for your safety.

The best advice is simple:

• Live your life honestly.
• Follow your physician’s restrictions.
• Do not exaggerate your limitations.
• Do not change your routine simply because you think someone may be watching.
• And if someone appears to be following you in a manner that makes you fear for your safety, call the police. In today’s world, there are many reasons someone could be following you, and your safety is far more important than wondering whether the person might be an insurance investigator.

If surveillance becomes an issue in your case, an experienced workers’ compensation attorney can help ensure that the evidence is viewed in its proper context—not as a few isolated moments taken out of an injured worker’s daily life.

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.

Frequently Asked Questions

Can the investigator film me inside my house?

Generally, no. People ordinarily have a reasonable expectation of privacy inside their homes. Investigators typically conduct surveillance from public places and cannot lawfully enter your home or trespass onto your property simply because you have filed a workers’ compensation claim.  Having stated this, if your curtains, blinds or door are open, an investigator can try to take pictures or videos that anyone else could do without being on your property.

Can the investigator talk to my neighbors?

Sometimes investigators interview people who may have information about a claim. Whether particular investigative techniques are appropriate depends on the circumstances, but investigators may not harass or intimidate witnesses.

Can the insurance company record me at my doctor’s office?

Generally, activities visible from public areas may be observed, but medical privacy laws and other legal protections often limit access to medical information and treatment areas.

Should I wave at the investigator?

You do not have to interact with someone you believe is conducting surveillance. Simply continue your normal activities, follow your physician’s restrictions, and if the person’s conduct becomes threatening or harassing, contact law enforcement.