If you are injured at work, your employer is obligated to pay for workers’ compensation benefits, including medical care, temporary disability benefits, permanent disability benefits, supplemental job benefits, and death benefits.
Nowadays, those who are injured at work have another factor to consider when filing for workers’compensation- social media. Workers’ compensation insurance carriers usually hire private investigators to make sure you are not exaggerating your injury, who may look at your social media accounts for evidence that they can report to a trier of fact.
In fact, defense attorneys may not even need to hire a private investigator at all, because they can just look at your Facebook, Twitter, or other social media accounts themselves.
In a time when more and more people are sharing details of their lives on Twitter and Facebook, new issues have arisen for those filing a workers’ compensation claim.
If you are filing a workers’ compensation claim, read on for a list of social media “don’ts.”
- Don’t post pictures that you show dancing at a club or partying at a bar. If you are claiming to be suffering debilitating pain from a work related injury, this may look bad. Posting pictures that show you engaging in recreational physical activity may undermine the claims you are making in your case, and a defense attorney may accuse you of exaggerating or lying about the pain you are experiencing. Even if you are just posing for a picture, consider how the photo might appear to a defense attorney and what the consequences might be.
- Don’t post on Facebook, Twitter, or blogs about how much money you want to get from your claim. If it appears that you are bragging about the money you would get from suffering debilitating pain, it might cause a trier of fact to question your motives for filing the claim. Though it is fine to want money for suffering a work related injury, posting about it on social media can reflect poorly on you.
- Don’t post about your litigation on Facebook, Twitter, or other social media accounts at all. Even if you think what are saying about it is harmless or neutral, any of your posts could be used in your case. It is safest to not post about your litigation at all.
- Don’t post photos of you without your cast or brace on. If you had to have a cast or brace because of a work related injury, appearing in pictures without it can look bad. Remember that every post on your social media accounts can be used against you by a defense attorney. It might be the case that you wanted to appear in a picture without you brace or cast just because you prefer how you look without it, and you only removed it for a moment. Even so, appearances are everything on social media, and doing this could lead to the defense to misinterpret your injuries and even the way the trier of facts views your injuries.