The Top 5 Workers' Comp Cases That ALWAYS Get Surveillance!

Let's break down when and why surveillance happens, the types of cases that usually get targeted, what investigators are actually looking for, and how you can protect yourself—even if you’re playing it straight.

Why Would the WC Insurance Company Put Me Under Surveillance?

Let’s clear something up—if you’re being watched during a workers’ comp case, it’s not personal. It feels personal when a weird car keeps showing up near your house, but really, it’s just about money.

Insurance companies don’t care who you are. They care about what your case might cost them. If they think you’re stretching the truth or doing more than your doctor says you can, they’ll send someone to check it out.

They’re not always hunting for a big “gotcha” moment, either. They’re just looking for little things that don’t match your claim like:

• Doing everyday things your records say you shouldn’t
• Only using a cane or brace when you have to
• Moving around more than your doctor says you can
• A routine that makes it look like you’re working

What Kinds of WC Cases Are Most Likely to Get Surveillance Put on Them?

If your claim is expensive, unclear, or dragging on, you’re more likely to get flagged. The bigger the potential payout, the more reason they have to look for ways to cut it off.

Here’s what usually gets their attention:

• Permanent total disability – If you’re saying you’ll never work again, that’s a long-term cost. They’ll want to be extra sure it’s legit.
• Out of work for a long time – Especially if there’s no progress or effort to try light duty, they may get suspicious.
• Vague injuries – Things like ongoing pain or soft tissue damage that don’t show clearly on scans often get second-guessed.
• Complicated or ongoing treatment – Needing home health care, devices, or surgeries? That adds up fast, and they may want to see if it’s really necessary.
• Multiple past claims – If you’ve filed before—especially for the same body part—they might assume you’re working the system, even if you're not.

What Triggers a Surveillance Investigation of a WC Case?

Here’s what can trigger surveillance:

• A sudden change in your medical condition
• An upcoming IME, hearing, or settlement
• A tip from a coworker, neighbor, or ex
• Your actions not lining up with your medical reports
• Something you posted on social media

If you think they only watch during 9 to 5, think again. These investigators don’t stick to a schedule—early mornings, late nights, weekends, even holidays are all fair game.

They’ll often time it around doctor visits, IMEs, court dates—any time they know you’ll be out. These are pros, usually ex-cops, and they know how to stay low-key. They’ll switch cars, take turns, and learn your routine so they can blend right in.

Sometimes, they’ll even knock on your neighbor’s door pretending to be an old buddy or a delivery guy—just fishing for info about your schedule or how active you really are.

How Would I Know if I'm Being Followed by an Investigator?

Most of the time, you won’t even know you’re being watched—that’s kind of the whole idea. But there are a few signs that might give it away:

• A car you don’t recognize keeps parking near your place
• You notice the same vehicle following you more than once
• Someone’s asking your neighbors questions about you
• You just get that weird gut feeling something’s off

If you ever feel unsafe or like someone’s crossing a line—trespassing, harassing, anything shady—go ahead and call the police. But if they’re just filming from a public spot, that’s usually legal. Surveillance is legal—to a point. They can’t break the law to watch you, but they don’t need your permission if you’re out in public.

Here’s what they can do:

• Film you anywhere they can see you from public
• Record your family if you’re together
• Ask your neighbors questions (as long as they’re not pretending to be cops or threatening anyone)

What they can’t do is trespass, hide cameras on your property, or slap a GPS tracker on your car without a court order. If they do, call the police.

What Can I Do to Protect Myself if the WC Insurance Company is Watching Me?

Want to protect yourself? Keep it simple:

• Be real with your doctors about what you can and can’t do
• Mention any old injuries or past claims
• Make sure your story matches—on paper, in person, and at appointments
• Let your doctor know if you have good days and bad ones
• Don’t push yourself in public just to “look normal”
• Stay off social media—or at least stop posting anything active

If what you say lines up with what you do, there’s not much for surveillance to work with. Lying—or even just stretching the truth—can wreck your case. If a judge thinks you’ve been dishonest about your injury, you could lose your benefits completely, and in some cases, even face fraud charges (like under Section 114-a in New York).

Leaving out an old injury or downplaying what you can do might not seem like a big deal, but if surveillance shows something different, it can blow up in your face. Once your credibility’s gone, it’s tough to fix.

Not sure how to handle something? Talk to your lawyer first. That’s what they’re there for—and it’s way better to get ahead of a problem than try to clean it up later.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got questions, or if something about your case just doesn’t feel right, give me, Rex Zachofsky, a call. You can reach me at 212-406-8989. Whether you’re just getting started or you’re deep in it, we’ll see what we can do to help you move forward.