If you are receiving workers' compensation benefits, the expectation of the workers' compensation insurance carrier is that you are on a path to recovery so that you can eventually return back to work. Workers' compensation insurance carriers regularly hire investigators to follow claimants in order to gather information about the extent of their injuries and physical capabilities.
Many people ask whether these investigations violate their rights in any way. In most cases, the answer is "no." But that doesn't mean that investigators have the right to do anything they want to in the course of their investigation. At Dennis Kenny Law, we represent clients in all types of workers' compensation cases. If you have questions or concerns about a workers' comp investigation, contact our office to speak to a lawyer.
What Are Investigators Allowed To Do?
Investigators are allowed to do whatever they need to do in order to get the information they need within the confines of the law. They are not allowed to trespass or hide their true identity in order to get information from you. For example, they are not allowed to pose as delivery company personnel or utility company employees when they come to your door.
They are, however, allowed to use surveillance techniques to observe your daily activities. They can also talk to your friends, neighbors, people who provide services at your home and others to learn more about your activity levels and what tasks you are able to perform on a daily basis.
When Do Investigator Watch You?
The most common times for people to be investigated are when they are going to or coming from an appointment that the insurance company knows about. This could include arriving at or leaving a workers' compensation hearing or medical appointment. Investigators may photograph or videotape you going in and coming out of these appointments.
So, what are they looking for? There have been times, for example, that people receiving workers' comp benefits are seen entering an appointment in a wheelchair or on crutches and leaving on foot. The purpose of the investigation is almost always to determine if you are more physically able to work than you are claiming.
Contact Dennis Kenny Law, To Learn More
If you have questions about any aspect of your case, be sure that you seek the advice of an experienced Albany, New York, workers' compensation investigation attorney. Contact us at 845-764-4494 or toll free at 888-312-5516 for a free initial consultation.