How Social Media Could Put Your Workers’ Compensation Claim at Risk
Almost every private employer in Rhode Island is required to carry workers’ compensation, a type of insurance that can cover the costs of medical treatment, physical rehabilitation, and lost income from work. However, workers’ compensation coverage is sold by private companies—companies that may prioritize their own profits over your well-being. Claims can be denied or terminated for a wide range of reasons, including the belief that an employee’s injuries have been exaggerated or flat-out falsified.
Read more to learn about the role social media could play in your workers’ compensation claim, or contact Kirshenbaum & Kirshenbaum, Attorneys at Law, to speak to a Rhode Island work injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.
How Social Media Could Jeopardize Your Rhode Island Workers’ Compensation Claim
Preparing to file a workers’ compensation claim is often challenging, but many employees face risks beyond confusing paperwork and inconvenient doctor’s appointments. In Rhode Island, insurance adjusters and investigators are usually required by corporate policy to investigate claims before approving benefits or authorizing a settlement.
Before making a determination, insurance companies typically look for evidence to verify that your injuries match the description you’ve given them—evidence that can be used to deny benefits or, in some cases, compel victims to repay what they’ve already received. These preliminary investigations sometimes go beyond reviewing your medical files and could include intrusive attempts to access your social media feeds.
Here’s how your social media could be used against you after filing a Rhode Island workers’ compensation claim:
Adjusters Search for Evidence of Exaggeration
Although anyone filing a workers’ compensation claim in good faith shouldn’t worry too much about how social media could affect their claim, the sorts of pictures and videos you post to your social media accounts could skew investigators’ impressions of your injuries.
Insurance Companies Use Social Media to Detect Fraud
As a general rule, it’s best to avoid sharing any content that directly contradicts the claims you’ve made in your workers’ compensation application. This could include, but is not limited to:
- Pictures or videos of yourself engaging in adventure sports after filing a claim for a back injury or other condition that calls for bed rest.
- Pictures or videos of yourself throwing a ball or working in the garden after claiming you’ve injured a hand or finger.
- Pictures or videos of yourself hiking or jogging while recovering from an injured foot.
Some people may try to resume higher-risk activities earlier in the recovery process, but posting anything that contradicts your workers’ compensation claim could have big consequences if it’s picked up by an insurance investigator and interpreted as fraud.
Some Investigators Will Even Leverage Small Changes in Circumstances to Deny Your Claim
If you’ve suffered serious injuries that could impact your ability to return to work for the foreseeable future, you may be required to attend a physical examination with a physician of your employer’s choosing. However, even if the doctor verifies your injuries and reaffirms your diagnosis, the insurance company may continue keeping tabs on you and your social media feed.
Small changes in your circumstances—like being able to resume certain activities—could still impact your claim. An adjuster who sees pictures of you enjoying dinner with family in Federal Hill or spending an afternoon at Narragansett Beach may not understand or appreciate how much work you’ve put in to return to something resembling normalcy.
Instead, they may simply see somebody healthy enough to go out to eat and have fun at the beach—somebody who, in their eyes, is healthy enough to go back to work.
How to Protect Your Social Media Feed After Submitting a Workers’ Compensation Claim
If you’re preparing to file a workers’ compensation claim, or are already receiving benefits, the safest approach to social media is avoiding it altogether. However, this isn’t always practical or possible. Here are several tips for keeping your feed—and your finances—safe from prying eyes:
- Audit your feed. Look over recent posts for anything that could be used against you in a workers’ compensation case. If you see anything that may raise flags with an adjuster, bring it to your attorney’s attention.
- Avoid over-sharing. Try not to share too much information about your daily activities and your daily life.
- Review your privacy settings. Your privacy settings aren’t failsafe, but they can be used to curate your social media feed. Ensure that all of your accounts are private, and keep “tagged” posts off your wall until you’ve had a chance to review them.
- Document your feelings offline. It’s okay to feel frustrated with your injuries—and with the workers’ compensation process. However, writing these feelings in a private, offline journal is better than posting them online. Even if you’re positive your profiles are private, adjusters have been known to attempt to access private feeds by connecting with acquaintances and sending misleading friend requests.
Talk to your Rhode Island work accident lawyer before making any big changes to your social media feed. At Kirshenbaum & Kirshenbaum, Attorneys at Law, we understand that recovery is a process—and that you shouldn’t be penalized for making the best of a bad situation.