Many workers’ compensation claims are straightforward. Injured employees inform their supervisors about an incident in the workplace. They leave to undergo medical evaluation and receive treatment. They may return to work as soon as employer accommodations make working safe.
They work with an attorney to seek benefits and face no major challenges. Workers’ compensation pays for necessary medical care. Employees who require time off to undergo treatment or to heal may also be eligible for disability benefits.
Occasionally, the claims process is more complicated than usual. There may be an investigation and potentially even allegations that the employee’s injury is not serious enough to warrant benefits or that their injury is not a result of their employment. The way that an injured worker uses social media could potentially have a negative impact on their benefits claim in such cases.
Companies can access social media
Insurance companies are notorious for looking for any excuse to question the validity of a large claim. Asserting that the worker hurt themselves elsewhere or that their injury isn’t serious enough to make time away from work necessary are both claims that could interfere with a request for workers’ compensation benefits.
Social media activity can potentially support such claims. Many people are aware that they should not publicly discuss the status of their claim or even announce their work injuries on social media until they resolve the issue. What fewer people understand is that other social media activity could also impact their claims.
Third-party companies may scour profiles and activity, looking for seemingly innocent content. Friends and family members posting smiling pictures from a get-together could give investigators evidence to claim that an injury is not serious enough to affect the worker’s quality of life. Posts related to dangerous hobbies or strenuous activities could also raise questions about whether a worker may have sustained their injury while off the clock.
Seemingly benign details shared publicly on social media can become evidence to support pushback against a worker’s claim. Even those with robust privacy standards already in place may find that investigators can access posts, comments and other content.
Having the insight of a legal professional as a workers’ compensation claim evolves can help people avoid common and predictable mistakes. An attorney can help workers understand how to protect themselves and can manage a contentious workers’ compensation claim on behalf of an injured professional so that they can focus on healing.