Top 7 Workers' Comp Cases That ALWAYS Get Surveillance!

Let's break down how surveillance works, when and why it’s used, what kinds of cases get flagged, and what you can do to protect yourself.

Why Would the WC Insurance Company Put Me Under Surveillance? 

At the end of the day, insurance companies are in it to save money. Surveillance isn’t about fairness—it’s about cutting costs. If they think they can pay you less, they’ll try. And if they catch you doing something that even slightly contradicts your claim, they’ll use it.

To them, you’re not a person—you’re a file with numbers. They’re not always looking for a big “gotcha” moment either. Sometimes, just a small inconsistency between what you told your doctor and what they catch on camera is enough to raise doubts.

It might feel personal, but really, it’s just business. That’s why it’s so important to know how and when surveillance can show up in your case.

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

Not every workers’ comp case gets surveillance, but some are way more likely to draw attention. If your claim is expensive, complicated, or kind of fuzzy, there’s a good chance they’ll be watching.

Big-money cases are a top target—like if you’re getting a lot in wage replacement or claiming long-term disability. That’s a big risk for the insurance company, and they’ll want to make sure your day-to-day life matches what you’re saying.

Injuries that are hard to prove, like soft tissue damage or chronic pain, also raise eyebrows. If the details are vague, they might send someone to check you out.

Same goes for cases with expensive or ongoing care—things like home health aides, spinal implants, or medical equipment. That kind of long-term cost gets their attention fast.

And if you’ve had a few claims before, even totally legit ones, they might assume you know how to “work the system” and start digging deeper into your current case.

What Triggers a Surveillance Investigation of a WC Case?

Surveillance isn’t random. Insurance companies look for certain red flags that make them think it’s worth watching you more closely.

A big one is when your medical situation suddenly changes—like your condition gets worse or your doctor recommends something expensive. If it looks like your case just got pricier, they’ll want to know what’s going on.

They also keep an eye out around important events like IMEs, hearings, or settlement talks. These are key moments, and they want any edge they can get. Sometimes they’ll follow you not just on the day of, but days or even weeks before.

Then there’s the outside noise—neighbors, coworkers, or anonymous tips. Even an offhand comment like “Yeah, I saw him doing yard work” can spark surveillance.

And don’t forget social media. Posting vacation pics or workout videos while claiming you're limited? That’s a quick way to get flagged. Even harmless posts can be twisted, so it’s better to just lay low online.

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

Surveillance doesn’t come with a heads-up. It’s meant to catch you off guard—and it usually does. But knowing when it’s most likely to happen can help you stay sharp.

The most common time? When you’ve got something on the calendar—doctor visits, IMEs, court dates. These are guaranteed times you’ll be out of the house, so they don’t have to guess.

But they don’t just watch you on that day. They might start a few days before—or even a week or two ahead—to get a feel for your routine and see how active you really are.

And no, they’re not working banker’s hours. If you usually go out mid-morning or on the weekends, that’s when they’ll be out there too. Once they figure out your schedule, they’ll follow it.

You might notice a strange car on your street or someone hanging around who seems out of place. Sometimes they’ll even knock on neighbors’ doors pretending to be an old friend just trying to “track you down.” It’s sneaky—because that’s the point.

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

If there’s one rule to live by in a workers’ comp case, it’s this: be honest and stay consistent. Surveillance only causes problems when what you do doesn’t match what you’ve said or what’s in your medical records.

Be upfront about everything—old injuries, past claims, preexisting stuff. Make sure your doctors know the full picture.

Don’t try to make your case sound worse by downplaying what you can do. If they catch you doing more than you claimed, it’ll blow back hard.

Keep your story straight across the board—doctor visits, paperwork, how you act, and especially social media. If you’re posting things that don’t match your claim, it’s a problem. Honestly, it’s smart to just go quiet online while your case is open.

And don’t play the tough guy in public. If you’re hurting, let it show. Pushing through it might not just make your injury worse—it could hurt your case too.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got questions about your case—or you’re just not sure what your next step should be—give me a call. I’m happy to talk things through and help you make sense of it all. You can reach me, Rex Zachofsky, at 212-406-8989. I’m here to help.