Video
Surveillance
By Diana Robles, Associate Attorney
Be
aware, you might have someone following you ... It is very common in workers
compensation cases for an insurance carrier to hire a private investigator to follow
and video tape claimants. This is legal, and further Arizona law permits
the carrier to submit into evidence videos obtained of an individual if there
is an issue being litigated.
Of course, this is done to try and catch the
individual doing things which they claim that they can not do, as a result of
their injury. These videos are often passed along to independent medical
examiners hired by the insurance carriers to show how this person behaves when
they believe they are not being watched.
In most instances, the video
shows my clients hobbling around, or not doing much of anything.
Unfortunately, although the videographer may follow an individual around
for many hours, sometimes over the course of several days, conveniently what is
shown in the video is the few minutes where this person did something that
seems more difficult to accomplish given their injury and limitations.
While unsettling to know that someone might be watching you, know that
these videos are only part of the evidence a judge will hear in your case and
are usually harmless.
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