Georgia Workers’ Compensation Claims and Surveillance

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Georgia Workers’ Compensation Claims and Surveillance

Have you filed a Georgia workers’ compensation claim for your personal injuries following a workplace accident? If so, you may have gotten the uncanny feeling that someone has been watching you. The good news is, you are not being paranoid. It is very likely that you are being surveilled when you file a workers’ compensation claim in the state of Georgia. 

As invasive, uncomfortable, and unlikely as this scenario may seem, you should be prepared for the reality that undercover video surveillance is a common practice utilized by workers’ comp insurance providers following your filing of a claim for workers’ compensation benefits. Retaining the services of a private investigator is a common practice utilized by the opposing party in the workers’ compensation arena. Whether or not your injuries are technically classified as severe in nature, there is at least a 50% chance that you are being monitored by a private investigator following the filing of a workers’ compensation claim.

Even though the thought of being monitored and followed around on a daily basis is far from pleasant, it is nevertheless safe to always assume that you are in fact being followed and monitored by a private investigator if you have filed a workers’ compensation claim. The use of undercover surveillance is far more common than the majority of workers’ compensation claimants assume.

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If you are one of the lucky few that are not being monitored and videotaped by a private investigator, failing to take the proper precautions can be devastating to the success of your workers’ compensation claim. Most injured workers assume that surveillance is the least of their worries when seeking the workers’ compensation benefits to which they are rightfully entitled. However, this assumption is exactly what the opposing party relies on when retaining the services of a private investigator to discredit the nature and extent of your work-related injuries. 

If your work-related injuries are substantial, it is very likely that your daily activities are being monitored by an investigator retained by your employer’s insurance company. Assuming otherwise could be dangerous and ultimately prevent you from recovering for your work-related injuries and damages.

How to best proceed under this unavoidable reality is something that you should discuss with an experienced Georgia workers’ compensation attorney. Understanding what the probability and consequences that undercover surveillance may have on your work-related claim for personal injuries are best left to an experienced workers’ compensation lawyer. Contact a skilled workers’ compensation attorney at the Law Offices of John B. Jackson in Douglasville, Georgia, and allow a workers’ comp lawyer to take it from here. Navigating the legal complexities and assessing the legal sufficiency of such invasive investigative defense tactics is not a burden that you should face without an experienced Georgia workers’ compensation attorney in your corner.

Can Undercover Surveillance Be Used Against Me in My Georgia Workers’ Compensation Claim?

Understandably, many feel as if the invasive practice of surveillance should be inadmissible. However, that is not the case under current Georgia law. Despite the inherent and widely shared belief that such a practice is invasive of one’s privacy and ultimately unconstitutional, the use of video surveillance in the workers’ compensation arena is generally accepted and commonly utilized by the defense.

The underlying justification is that in filing a Georgia workers’ compensation claim, the allegedly injured worker has voluntarily placed his physical state in dispute, thus entitling the opposing party to investigate and assess the veracity of the injuries and/or damage allegations. The bottom line is that the surveillance is intended to call your credibility into question and contradict your allegations surrounding your work-related injuries and the resulting physical injury.

How Surveillance Can Hurt Your Georgia Workers’ Compensation Case

  • You are seen engaging in any alternative type of employment while being classified as temporarily totally disabled (TTD) for workers’ compensation purposes.
  • You are observed engaging in any type of activity that is inconsistent with the injuries associated with your workers’ compensation claim.
  • Your injuries may be defined as idiopathic, meaning an underlying condition or pre-existing injury.

Additional Benefit of Retaining an Experienced Georgia Workers’ Compensation Attorney

Another benefit of seeking the experience of a skilled Georgia workers’ compensation attorney is that you will be defended against any attempt made by the insurance company to make your injuries seem fabricated or not as severe as they actually are. If the opposing party attempts to label you a malingerer, they will also need to come up with a reason for the malingerer allegations. The common justifications for these types of accusations are as follows:

 

Trying to get out of work while maintaining the work-related benefits

 

The benefits provided to those who have been injured while performing work-related duties are intended to fairly and adequately compensate an injured worker for an amount close to the earnings that he or she would have acquired had the subject employee been physically able to continue working absent the injury.

 

Acquiring painkillers

 

Addiction to prescription strength painkillers is a real issue. The access and availability of prescription drugs that are very often a much-needed source of relief for those who have suffered serious injuries on the job is yet another motive that the opposing party may utilize to support their accusation that the claimant is a malingerer.  

 

Acquiring a financial windfall

 

This common justification utilized by insurance adjusters is fairly straightforward. The acquisition of wealth is a natural desire inherent in human nature. As such, this is a simple justification that may be used against you in an attempt to classify you as a malingerer.

Retaining an experienced workers compensation can alleviate the stress of having accusations made against you while you are trying to recover from your injuries.

Schedule a Consultation with a Georgia Workers’ Compensation Attorney

If you are injured on the job and you are unsure what you should do next, contact the experienced workers’ compensation attorneys at the Law Offices of John B. Jackson in Douglasville, Georgia. Give a skilled Georgia workers comp lawyer a call today and set your mind at ease with the defense you need. You have enough to worry about with the injuries and lost wages you suffered since your accident. Contact John B. Jackson today.

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