Surveillance is a very strong data collection method that provides compelling evidence. It is the Systematic ongoing collection, collation, and analysis of data and the timely dissemination of information to those who need to know so that action can be taken.
But what does this mean?
Private investigators and hidden camera surveillance might seem like the stuff of suspenseful TV shows.
But getting “caught” on camera can be a concern in a workers’ compensation case. In fact, it’s much more common than you might think. A worker gets hurt at work and sees a doctor. The doctor gives the worker restrictions and says, “These are the things you are not supposed to do or else you could hurt yourself. Don’t do these things and you will get better.”
The worker goes about their life, and their case progresses towards a mediation. Then the worker and their attorney get to mediation and the attorney for the employer and insurance company pulls up a video that convincingly the insurance company claims to shows the employee doing these things that their doctor advised them not they were not supposed to do. The case is now in trouble.
In workers’ compensation, we call this surveillance.
Insurance companies routinely hire private investigators to video a hurt worker in the hopes that they will “catch” them doing something that is inconsistent with the restrictions their doctors set.