Is It Legal For The Insurance Company To Do Surveillance On You After Filing A Workers’ Compensation Claim?
If you have recently been injured at work and filed a workers’ compensation claim, you may be wondering if the insurance company has the right to perform surveillance on you. Many people are surprised to learn that, in certain circumstances, it is legal for an insurance company to conduct surveillance or an investigation following a workers’ compensation claim. In this blog post, we will explain why this happens and what rights you have.
It is vital for anyone who files a workers’ compensation claim following a work injury to understand the legality surrounding surveillance by an insurance company. If you feel that the insurance company has violated privacy laws when conducting its surveillance, contact Berman | Sobin | Gross LLP. Our Maryland workers’ compensation attorneys can help you protect your rights and take the necessary steps to make the insurance company stop its illegal practices.
Why Do Insurance Companies Conduct Surveillance?
Insurance companies are required by law to pay out fair benefits when legitimate claims are made. According to the National Safety Council, the average cost for all workers’ compensation claims combined between 2019 and 2020 was over $41,000, which is a significant amount of money.
To protect their interests, insurance companies may use surveillance tactics such as video recording and taking photographs of claimants in public places in order to make sure they aren’t engaging in activities that could invalidate their claim. Generally speaking, they cannot enter private property without permission.
What Are Your Rights?
In most states, the insurance company must notify you if it plans to conduct any type of surveillance or investigation into your claim. However, this is not the case in Maryland. It is essential that you understand your rights and know what activities the insurer can legally perform so that you can protect yourself from any potential violations of privacy laws. Additionally, if the insurance company does obtain evidence through illegal means, it cannot be used against you in court.
Can You Refuse Surveillance?
No. You can not refuse surveillance from an insurance company. However, if the investigator is physically on private property you can as them to leave and/or call the authorities. It is also illegal in Maryland to audio record without affirmative consent. However, video surveillance on public property is legal.
Discuss the Legality of Surveillance with a Workers’ Compensation Attorney
As long as investigations are conducted within legal boundaries and the insurance carrier is free to conduct surveillance on an injured worker. However, if there is ever any doubt about whether an activity is legal or not, it is best to consult with an experienced attorney before proceeding further with your case.
Understanding these laws will help ensure that all parties involved adhere to best practices when conducting investigations for workers’ compensation cases. Contact our knowledgeable attorneys at Berman | Sobin | Gross LLP to discuss the legality of surveillance in your specific case. Call 800-248-3352 to receive a free consultation.