WHAT YOU SHOULD KNOW ABOUT VIDEO AND SURVEILLANCE
• Over the last decade we have seen an increase in the number of our clients who have come under surveillance. Though we find this activity to be offensive, it is nevertheless legal. The insurance carriers are allowed to watch your activities or video them when you are visible to the public, and you do not have a reasonable expectation of privacy, (e.g., your front yard, inside an open garage, at a gas station).
• Surveillance is very expensive. Therefore, the private investigators usually pick times when they know you will be out and observable to conduct their surveillance (e.g., doctor's appointments, depositions, court dates). Sometimes to see if you are at home a private investigator posing to be someone else such as a salesman will call or knock at your door. This conduct, however, is illegal. Should you feel you have come under surveillance, please call my office and let my staff know.
• Only a small percentage of people come under surveillance. Usually surveillance is requested on seriously injured people who have major limitations, and/or disabilities, and those who have a large monetary claim. Surveillance can also be triggered by personal animosity of a boss or an ex-spouse who calls the workers' compensation adjuster and makes accusations of lying or exaggeration. A Qualified Medical Examiner or treating doctor who questions the legitimacy of a claim can also trigger surveillance. Surveillance is sometimes requested by the insurance carrier if they have had a report of illegal activities such as an applicant working while they care collecting total temporary disability indemnity. Sometimes surveillance is just an arbitrary request by the adjuster.
• If you think you are being followed or watched, do not hesitate to call the police. A legitimate private investigator usually advises the police of his presence. Because you have a workers' compensation case does not mean you should ignore normal suspicions or safety precautions regarding suspicious activity in and around your house.
• If you feel you are under surveillance, conduct your life in a normal and routine manner. The investigator is looking to video you performing activities which you have told someone you cannot perform such as a doctor or the attorney at your deposition. Since physical recovery, increased activity and "good days" are a normal part of the disability and healing process you maya be more active than your doctor would expect. Accordingly, you should report any increase in ability to perform activities to your health care professional. If your pain or symptoms increase as a result of over activity, you should report this also. Your health care professional needs accurate information to allow him in making decisions regarding your disability and medical treatment.
• We do not want the fear of being watched to affect your life. Most of our clients' lives have been already devastated by their injuries. Being followed is an unwanted, unwarranted indignation and intrusion.
• If we believe a client of ours has been the subject of surveillance, the law provides that we are entitled to a copy of any video recordings. We want to get a copy of those recordings as soon as possible so that we can represent your interests with the insurance carrier and before the Workers' Compensation Appeals Board.
• Please remember you have a California constitution right to collect workers' compensation benefits for your disability. Only collecting workers' compensation by misrepresentation is wrong. Trying to conduct as normal a life as possible, even when under surveillance, is both mentally and physically healthy.