A lot of injured workers picture workers' comp surveillance as some guy sitting in a van down the block with binoculars. In reality, it’s usually much more subtle. Investigators might watch your social media, monitor doctor’s appointments, pull security footage, talk to neighbors, or quietly film you in public without you ever noticing. Let's break down how surveillance really works and how small mistakes can end up hurting your case.
Investigators usually blend in. They film from parking lots, sidewalks, doctor’s offices, or anywhere they expect you to be. They also use cameras powerful enough to film from pretty far away, so there’s a good chance you’d never even notice them.
A lot of surveillance happens online too. Many investigators spend hours scrolling through Facebook, Instagram, TikTok, YouTube comments, and tagged photos looking for anything they can use against you. Sometimes it’s not even your own post that creates the problem. A friend tagging you at a birthday party or barbecue can suddenly become part of your case.
IME appointments are also a huge target because the insurance company knows exactly where and when you’ll be there. They may watch how you walk into the building, how you get out of your car, or whether you’re using a brace, cane, or limp consistently.
Surveillance also tends to ramp up after surgeries or major treatment updates. The insurance company wants to see whether your activity level matches what your doctors are saying.
Another common time is when your case is getting close to Maximum Medical Improvement, or MMI. That’s when the insurance company may start looking for evidence to argue your disability is less serious than your doctor says.
Settlement talks can also trigger surveillance, especially in bigger cases. If the insurance company thinks a large payout may be coming, they sometimes get much more aggressive about investigating the claim.
Anonymous tips from coworkers, neighbors, exes, or other people can trigger surveillance too. Sometimes those tips are nonsense. Sometimes they’re accurate. Either way, insurance companies usually look into them.
Most surveillance is not about catching some huge fraud scheme. Usually they’re just looking for moments they can argue don’t match your medical records or restrictions. The real issue is whether the activity contradicts statements that were previously made about the injury.
If someone tells a doctor they can never lift more than five pounds, but surveillance later shows them carrying something heavy, the insurance company may argue they knowingly lied about their condition. That’s where fraud allegations usually start.
In New York, Section 114-a deals with workers’ comp fraud. That can include knowingly making false statements or even leaving out important information to get benefits.
A lot of injured workers get into trouble because they panic and give overly absolute answers. They say they “never” do certain activities when the reality is they sometimes can on better days. Once surveillance footage surfaces, the contradiction becomes the insurance company’s weapon.
The safest approach is honesty and precision.
In general, investigators can film anything visible from a public place. That can include your driveway, front yard, porch, sidewalk, or even parts of your backyard if they can be seen from the street or a neighbor’s property.
Things like carrying groceries, taking out trash, loading your car, or doing yardwork are usually considered fair game if they’re visible to the public. Investigators don’t need to step onto your property to capture footage.
There are still limits. They generally can’t trespass onto private property, secretly enter your home, or hack private accounts. Recording conversations also depends on state law.
Drone surveillance is where things get messy. If a drone captures footage from an area where you’d reasonably expect privacy, a court may throw it out. But if the footage captures something visible from public areas, it may still be allowed. The line between public and private is a lot thinner than most people think.
Approval just means the insurance company has to pay benefits at that point in time. It does not mean they’ve stopped looking for ways to reduce, suspend, or cut off those benefits later.
In some cases, surveillance actually gets more aggressive after a claim is established. Once the insurance company starts paying ongoing benefits, they may keep looking for anything they can use against you moving forward.
Open workers’ comp claims can stay under scrutiny for months or even years. Investigators may continue monitoring physical activity, doctor visits, social media, and day-to-day routines the entire time. Winning your case doesn’t mean the insurance company stopped watching.
Fraud allegations in workers’ comp cases can get very serious very quickly. If the insurance company proves fraud, the penalties can go way beyond losing weekly checks. A judge may order repayment of benefits, suspend future payments, or permanently cut off wage benefits altogether.
In some cases, injured workers may still receive medical treatment but lose future financial benefits for the rest of the case. Fraud findings can also follow someone for years. If they get hurt again later, prior fraud findings may be used against them in future claims.
There can even be criminal consequences. Workers’ comp fraud can be referred to prosecutors, which means some cases may lead to criminal investigations or charges. That’s why even small exaggerations or careless inconsistencies can become very dangerous in a workers’ comp case.
One of the biggest mistakes injured workers make is exaggerating their limitations because they think it helps prove how hurt they are. A lot of times, that’s exactly what creates problems later.
The issue usually isn’t that someone had a good day or managed to do a normal activity for a few minutes. The issue is when the activity completely contradicts what they previously told doctors, insurance representatives, or judges.
Most injuries aren’t the same every day. Some days are manageable. Some days are brutal. That’s normal. The safest thing you can do is be honest about both.
Another common problem is failing to update doctors as conditions improve. Someone may have needed help putting on shoes months earlier, but if the records never get updated and surveillance later shows them moving normally, the insurance company may try to use that contradiction against them.
The more accurate and current your medical records are, the harder it becomes for the insurance company to twist things. The best protection against surveillance problems is consistency.
Be honest and specific with your doctors and the insurance company. If your condition changes from day to day, explain that clearly. If certain activities are possible only occasionally or leave you hurting afterward, that matters too.
Injured workers should also avoid pushing themselves unnecessarily, especially in public. A lot of people naturally try to carry too much, do everything in one trip, or ignore pain just to get something done quickly. One bad moment on camera can create a huge headache later.
That doesn’t mean you need to isolate yourself or stop living your life. It just means being mindful, especially around important medical appointments, hearings, or settlement discussions.
If you have questions about surveillance, fraud allegations, denied benefits, IME exams, settlements, or anything else involving your workers’ compensation case, feel free to reach out to me, Rex Zachofsky, anytime. I’m always happy to talk things through and point people in the right direction.
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