Video Surveillance

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.

Video Surveillance

Video Surveillance

By Erica Melendez, Attorney

Snow, Carpio & Weekley

I’ve had perfectly good cases ruined by video surveillance.  A worker who had a valid injury, takes their pain medication, feels suddenly on top of the world and then decides to….go outside and wash their monster truck?  Yes, this is one example of a good case tanked by surveillance.  It’s a fact that insurance carriers can and will hire private detectives to surveil injured workers for various reasons, including to be sure they are not working while being paid for being off work and to be sure they are following their work restrictions.  This may seem to be an invasion of privacy but it’s a common, legal tactic that insurance companies use.

To avoid having your case tanked by video surveillance, first of all be honest about whether you are working and always follow your work restrictions.  Even if you take your pain medicine and are feeling better, If your doctor says don’t lift over 10 pounds, floor to waist, don’t go to the grocery store and put a 50 pound bag of dog food in your cart!  If you are restricted from bending and twisting and lifting over 15 pounds, don’t drive around your neighborhood loading and unloading recyclables from the back of your pickup!  Many people become slightly paranoid when I tell them about the possibility of video surveillance.  However, avoiding the pitfalls of this issue are simple:  be honest and always follow your work restrictions.  

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Surveillance

Surveillance

by Attorney Nick Wearne

Associate at Snow, Carpio & Weekley, PLC

On occasion our clients notice that they are being followed and videotaped by an investigator.  We refer to this as surveillance.  These investigators are hired by your employer’s insurance carrier to monitor and record you.  Contrary to what you may believe, it is completely legal for your employer’s insurance company to videotape you. 

Why do they do it?

Despite warnings, there are some injured workers who will continue to engage in activities inconsistent with doctor recommendations.  Insurance carriers often spend a few hundred dollars to hire an investigator to videotape you with the hope that they will catch you doing this.  If the investigator obtains footage of you disobeying your doctor’s recommendations it can destroy your credibility with the insurance carrier, with your treating physician, and with the judge assigned to your case.  Many physicians may even change work recommendations if the footage shows you working outside of your restrictions with little or no pain. Surveillance can be a powerful tool for the insurance company.

Moral of the Story

The moral of the story is never do anything above and beyond the work restrictions the doctor has advised.  At times you may be tempted to tough it out or to test your limits, but doing more than has been advised could be detrimental not only to your case but also to your health.

SURVEILLANCE

SURVEILLANCE

by Alex Carpio, Partner at Snow, Carpio & Weekley, PLC

“It is illegal for the insurance company to videotape me!!” 

This is a statement my clients often tell me each time I get hired as their attorney.  This statement is false.  The insurance carriers can and will hire an investigator to videotape you.  The purpose of surveillance is for insurance carriers to catch injured workers doing physical activities outside their recommended work restrictions given by their doctor.  Once the insurance carrier has videotaped surveillance of an injured worker doing physical activity outside their work restrictions the video must be disclosed to the injured worker or their attorney if they are represented.  The insurance carrier’s attorney will also submit the surveillance video into evidence to be used at any hearings.  Once doctors review the surveillance, most likely they will change their opinions regarding work restrictions and even medical treatment.  This of course could be detrimental to your case.  Remember that the insurance company would rather spend a few hundred or thousand dollars on an investigator to save them a lot more money in the long run when it comes to paying an injured workers indemnity benefits and medical treatment.  Surveillance can be a powerful weapon for insurance carriers.  The bottom line an injured worker should know their physician’s work restrictions and never do anything above and beyond those work restrictions because when you least expect it there will be surveillance.  

Attorney X. Alex Carpio is a Partner at Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com