If you're getting workers' compensation benefits, you might wonder if the insurance company is watching you. Insurers sometimes hire investigators to find reasons to challenge claims or cut benefits, and surveillance can stop and start again. Knowing when and why it happens, and what finally ends it, can help you protect your benefits. Let's break it down!
Just because the insurance company stops watching you doesn't mean they're done.
There's no set time limit on workers' compensation surveillance. Investigators might watch you for a few days, disappear for months, and then come back. As long as the insurance company thinks surveillance could save them money, they have a reason to keep watching.
Even winning your case won't necessarily stop it. Once the insurance company starts paying benefits, they may look for ways to reduce or stop those payments.
The best way to end workers' compensation surveillance is to fully resolve your case.
In New York, that usually means a Section 32 settlement approved by the Workers' Compensation Board. Once everything is final, the insurance company generally has little reason to keep watching you.
But signing settlement papers isn't enough. The Board still needs to approve the agreement, and the required waiting period must pass. Until then, surveillance could still put your settlement at risk.
Even returning to work or having your case closed doesn't guarantee surveillance will stop, especially if you're still owed benefits or your case can be reopened.
Keep following your doctor's restrictions until your lawyer confirms your case is officially finished.
If you're worried about surveillance or aren't sure where your case stands, I'm happy to help.
I'm Rex Zachofsky, a New York workers' compensation attorney with over 17 years of experience. Give me a call anytime and we can go over your case. Even if you're outside New York and need help finding a lawyer, feel free to reach out. I'll do my best to point you in the right direction.
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