If you’ve filed a workers’ compensation claim in Washington State, you might assume the hardest part is behind you. Unfortunately, that’s not always the case. Insurance companies often use surveillance to monitor injured workers, looking for evidence that could reduce or deny benefits. L&I attorneys, like those at Emery | Reddy, PC, believe workers deserve to know their rights and how to protect themselves from unfair tactics.

Why Do Insurers Use Surveillance?

Insurance companies have one primary goal: minimize payouts. Surveillance is a tool they use to:

• Verify the severity of your injury.
• Detect inconsistencies between your claim and your daily activities.
• Gather evidence for hearings or appeals.

While insurers claim surveillance prevents fraud, it often targets honest workers who are simply trying to recover. Even minor activities, like carrying groceries or playing with your kids, can be misinterpreted and used against you.

Common Surveillance Methods

1. Video and Photo Monitoring

Private investigators may follow you in public spaces, capturing video or photos of your activities. This often happens near your home, workplace, or during errands.

2. Social Media Monitoring

Insurers frequently review Facebook, Instagram, TikTok, and other platforms for posts that contradict your reported limitations. Even innocent photos can be taken out of context.

3. GPS and Digital Tracking

In rare cases, insurers may use advanced technology to track movements, especially if company-owned devices are involved.

Is Surveillance Legal in Washington State?

Yes, but with limits. Surveillance must occur in public spaces where there’s no reasonable expectation of privacy. Investigators cannot:

• Enter your home without consent.
• Record inside private areas like bathrooms or changing rooms (Washington is a two-party consent state.)
• Harass or intimidate you.

If you suspect illegal surveillance, document the incident and contact an attorney immediately. They can advise you on next steps and protect your rights.

How Surveillance Impacts Your Claim

Surveillance footage can be powerful evidence in workers’ compensation disputes. Insurers may use it to:

• Argue you’re exaggerating your injury.
• Challenge your doctor’s restrictions.
• Deny time-loss or disability benefits.

For example, if you claim you cannot lift more than 10 pounds but are filmed carrying a heavy bag, the insurer may question your credibility, even if the activity caused pain or was a one-time necessity.

Tips to Protect Yourself

1. Follow Medical Restrictions

Always adhere to your doctor’s recommendations. If you’re cleared for light activity, stick to those limits.

2. Be Mindful of Social Media

Avoid posting photos or updates that could be misinterpreted. Even jokes or old pictures can create problems.

3. Assume You’re Being Watched

If you have an active claim, act as though surveillance is possible whenever you’re in public.

4. Document Your Pain

Keep a journal of your symptoms and limitations. If an activity causes discomfort, note it; this can help explain isolated incidents.

What to Do If You Suspect Surveillance

• Stay calm: Surveillance is legal in some cases, but harassment is not.
• Gather evidence: Note dates, times, and descriptions of suspicious activity.
• Contact an attorney: An L&I attorney can determine whether the surveillance is lawful and how to counter its impact on your claim.

How an L&I Attorney Can Help

Surveillance can feel invasive and intimidating, but you don’t have to face it alone. An L&I attorney can:

• Challenge misleading surveillance evidence.
• Prepare you for hearings where footage may be presented.
• Ensure your rights are protected under Washington law.
• Fight for the full benefits you deserve, even when insurers play hardball.

Know Your Rights

Surveillance is a reality in workers’ compensation cases, but it doesn’t have to derail your claim. By understanding your rights and working with experienced attorneys, you can protect yourself and secure the benefits you need to recover.