Here’s the simple truth about the role of social media in determining the outcome of your workers’ compensation claim: anything you post can and will be used against you.
After a work-related accident, it is natural to want to share updates on your social media profiles or talk about it with colleagues. Doing so can be good or bad for your claim, but it usually doesn’t go well.
Remember that the moment you log your claim, your employer’s insurance agents start working to find any evidence that may discredit your claim, reduce its value, or destroy its validity. This includes searching your public social media profiles for information related to your claim.
Can Insurance Agents Do That Legally?
Yes, evidence collected on social media is admissible during legal proceedings so long as it is relevant to your workers’ compensation claim. Most information posted on social media is considered public, which makes it legal to obtain in the first place.
In some cases, the court can formally request information posted on social media sites if it is deemed necessary for your claim. This includes images, posts, and even comments. For this reason, it is generally a bad idea to delete social media posts you have already made when your workers’ compensation case is ongoing.
The insurer can also hire experts to conduct an informal discovery. This often includes talking to your employer, who may have access to your social media content. Even when evidence collected on social media is not admissible in court, it may be used in many other ways with the same negative effects.
How Can Social Media Activity Impact Your Claim?
Insurers will work diligently to ensure the validity of your claims before awarding payouts related to workers’ comp claims. If your case is big enough, there may be a whole team of investigators assigned to your case. Insurance companies may collect information from your social media activity for a number of purposes, including:
- Finding proof of dishonesty, fraud, or any other information that could weaken your case
- Looking for evidence about your quality of life after the injury
- Finding details about your financial situation
- Looking for evidence related to your ability to work after the injury
How to Prevent Social Media From Endangering Your Workers’ Comp Claim
Although reckless social media usage can easily compromise the validity of a workers’ compensation claim, the use of social media can also benefit your case. Posting pictures can help provide a record of the timeline of events relating to your case, thus solidifying your proof. Questions related to workers’ compensation rarely yield a straight “yes” or “no” answer. Therefore, your best option is to consult with an experienced attorney.