The Role of Surveillance in Workers’ Compensation Cases
How insurance companies use surveillance to challenge claims
When you’re injured on the job in New York, filing for workers’ compensation benefits can feel like stepping into an unfamiliar arena. You’re dealing with pain, piles of paperwork, and suddenly, questions about your every move. Somewhere along the way, you might start noticing the same car parked across the street a little too often. Or you might hear from a neighbor that someone has been inquiring about your daily habits. It’s not paranoia—it might be surveillance.
Yes, insurance companies often monitor the activities of injured workers. It’s not just Hollywood fiction. This happens frequently in real life. Surveillance is one of the more controversial tools insurance companies use to challenge claims. Sometimes it uncovers fraud. But more often, it captures fragments of a person’s life and spins them into something they’re not.
What is surveillance in a workers’ comp case?
Surveillance is any effort by an insurance company to observe, monitor, or gather information about you while your workers’ compensation claim is active. Sometimes it’s obvious. Other times, it’s incredibly subtle. The goal is to catch you doing something that doesn’t match what you’ve claimed in your paperwork or told your doctor.
It’s not just video recordings, though that’s the most common form. Surveillance can also involve monitoring your social media, watching your home from a distance, or even interacting with people in your neighborhood. In some cases, they’ll follow you to the grocery store or wait outside your doctor’s office. Investigators typically arrive before an important hearing, just before an Independent Medical Exam (IME), or when a case is nearing settlement.
Why do insurance companies use surveillance?
Insurance companies say they use surveillance to prevent fraud, and sometimes, that’s true. Workers’ comp fraud does happen occasionally. However, what’s far more common is a company using surveillance to poke holes in your story and save themselves money.
Surveillance is often triggered by so-called “red flags” in a claim. Maybe your injury isn’t clearly visible on an X-ray. Maybe you’ve been out of work longer than expected. Perhaps someone at your job who doesn’t understand what pain looks like suggested you seem “just fine.”
Insurance adjusters might also recommend surveillance if you’ve declined a return-to-work offer or if your doctor is recommending permanent disability. Once surveillance starts, they don’t need much. A few seconds of you bending over or carrying a bag can be edited to imply you’re faking everything, even if you were just having a good day and paying for it later with pain.
How do investigators actually watch you?
Most of the time, surveillance starts with video. Investigators will park on your street and film you walking to your mailbox, getting into your car, or unloading groceries. They’ll often follow you to public places such as a store, a restaurant, or even your child’s school. Wherever they follow you, they’ll record everything they see you doing in public view.
But surveillance goes beyond the lens of a camera. These days, it often includes digital sleuthing. That means scrolling through your Facebook, Instagram, TikTok, or any other social media platform they can access.
Some investigators might knock on neighbors’ doors, pretending to be a delivery driver or a survey taker. Their goal is to gather casual statements such as, “Oh yeah, she’s always out in the yard.” Those words might show up in a report without any context, and they can hurt your credibility.
Is this even legal in New York?
In New York, surveillance is generally legal as long as it’s conducted in public spaces. If you’re walking down the street, shopping at a store, or sitting outside your home, an insurance investigator can legally observe and record your behavior without your permission.
However, there are clear boundaries. Investigators can’t trespass onto your property, film through your windows, or use hidden devices to record private conversations. They also can’t pose as someone you know to access private areas of your life, such as impersonating a friend to sneak into your locked social media accounts. Such behavior could potentially cross into unlawful territory.
New York courts have consistently upheld the use of surveillance footage in workers’ compensation cases, especially when it’s collected in public and used to evaluate the claimant’s credibility. But if that surveillance violates your privacy rights or was obtained improperly, an attorney may be able to challenge its admissibility.
In short, New York permits surveillance, but it must comply with the law. If you think you’re being watched or that your rights have been violated, talk to a workers’ comp lawyer who understands how surveillance plays out in New York courts. The rules can be nuanced.
How can surveillance impact your claim?
If surveillance catches you doing something that contradicts what you’ve reported, it can be devastating. It may result in your benefits being reduced, suspended, or denied altogether. Worse, it can damage your credibility.
For example, let’s say you told your doctor you can’t lift more than 10 pounds. Then a surveillance video shows you helping a friend move a box. Maybe it was empty. Maybe it was just for a second. But without context, the insurance company can argue you’re exaggerating.
Surveillance can also impact the value of a case. Even if the footage doesn’t prove fraud, insurance companies might use it to negotiate a lower settlement. They’ll say, “Look what we have,” and hope you’ll accept less just to avoid the risk of losing everything.
What should you do if you think you’re being watched?
First, don’t panic. Surveillance is unsettling, but it doesn’t mean your case is doomed. The best thing you can do is continue being honest and consistent. Don’t act differently just because you suspect someone’s watching. That can come across as suspicious.
If you notice the same car parked outside multiple times, or someone following you, write it down. Take note of the time, date, and any identifying details. Don’t confront them, as that’s never a good idea. Instead, call your attorney and let them know what’s going on.
Also, be careful online. Avoid posting photos, updates, or comments about your activities. Even something that seems harmless, such as “can’t wait for the weekend,” can be twisted to suggest you’re more active than you claim.
Finally, keep a daily log of your symptoms. Write down what you can and can’t do, how much pain you’re in, and what medications you’re taking. That record can help explain any “normal-looking” behavior if surveillance becomes an issue.
How can a workers’ comp attorney help?
The New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP have been advocating for injured New Yorkers for over 90 years, including defending them against unfair insurance company claims.
From day one, our attorneys prepare clients for the tactics insurance companies use to deny or reduce benefits. If there’s a chance you’re being watched, we’ll make sure you know what to expect. We’ll walk you through how surveillance typically occurs, what it can and cannot legally capture in New York, and how to protect your credibility from the beginning.
We’ve handled numerous cases where insurance companies attempted to exploit a moment captured on camera as a pretext to terminate benefits, and we successfully fought back. When the footage is weak, misleading, or taken out of context, we use it to push back hard in negotiations.
If you’ve been hurt at work in New York City or anywhere in New York, we’re ready to protect your rights and fight for the maximum compensation you deserve. We’ve recovered over $1 billion for hardworking New Yorkers like you and would be honored to discuss your potential legal case. Contact us today to schedule your free, confidential case consultation with our legal team.
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