One question that is constantly being asked is ‘can workers comp tap your phone’? The fact is insurance companies nowadays can go as far as having an employee under camera and video surveillance, and the reason for doing this is to figure out the actual extent of an employee’s injury claim. What this means is, if a worker gets injured at work and files a claim to get compensated under the worker’s comp policy, WorkCover may decide to place the claimant under surveillance to determine if the claimant is being truthful and honest. Placing an injured employee under surveillance can also be done to know the main extent of the injury the claimant suffered.
Can Workers Comp Tap Your Phone
Placing a claimant under surveillance might involve hiring a private investigator to make use of a camera in taking picture images of the injured worker, or the private investigator might install a camera outside the claimant’s house to determine the extent of the injury the claimant has suffered. Questions regarding placing an injured worker under surveillance just to know if the claimant is telling the truth about his injury have been popping up lately, and it will be shocking to most people when they find out that it is completely legal to place an injured worker under camera and video surveillance.
However, there are limits to what a private investigator can claim film. There are limits to what a private investigator can do, and what he is not authorized to do. The following acts listed below are off limits for private investigators. They are;
- Forceful entry into the claimant’s premises
- Trespassing on the claimant’s property
- Seizing a claimant’s property
- Bugging or tapping a claimant’s phone
- Getting access to government confidential files relating to the claimant
- Using a listening device to monitor, record, or overhear a claimant’s private conversation
- Taking pictures or making videos of a claimant, while the claimant is doing something considered as private.
These acts that we have listed are acts private investigators are not legally authorized to do, and doing any of these acts means going against the legal rights of the claimant, or invading the claimant’s privacy. There are certain things a private investigator can record a claimant doing, and two things a private investigator cannot record a claimant doing includes;
- Trespassing on the claimant’s land just to make a recording
- Recording a claimant while the claimant is engaging in a private activity. Private activities in this context refers to a claimant having a bath, undressing, or having intimate moments where privacy would be expected. If a private investigator does any of this, he might end up getting into more trouble while trying to figure out if a claimant is being honest about his injuries.
Private investigators are allowed to make recordings or take pictures of an injured claimant while the claimant is going about his daily life inside his home, or while he is on another property. It is also legal for private investigators to follow you around when you go about your daily life or when you are in public places. Private investigators are also allowed to follow claimant for their medical appointments without the claimant’s notice. This is one area where an injured employee needs to be very careful.
What To Do If You Are Under Surveillance By A Private Investigator
If you are caught on picture or video doing something you have told your doctor that you cannot do, it starts to seem like you were not honest about your injuries from the start, and it could also put you in a position where you stand to lose the claim you filed. Do not get us wrong and don’t think we are asking you to be careful while exaggerating your injury claims. You should be aware that you are being followed or watched twenty fours a day, so you have to be cautious about whatever you do indoors or outdoors. You should not do anything your doctors have warned against, or engage in acts that could affect your insurance claims. Find out more on take my counsel blog.
Finally, a claimant has the right to file a complaint at the office of fair trading if he feels like a private investigator isn’t following the rule of law, or if the private investigator isn’t being ethical.
