The Role of Private Investigators in Workers’ Compensation and Persona Injury Cases
It isn’t uncommon for insurance companies to employ private investigators. This practice often surprises many claimants, but it is a standard procedure for insurers looking to protect against fraudulent claims. Understanding the role of these investigators can help you navigate your case more effectively.
Private detectives and investigators are involved in various legal, financial, and personal investigations. They employ different methods to uncover facts, including surveillance, online and public record searches, conducting interviews, and collecting client evidence. They often collaborate with attorneys and businesses to assist in various cases, including personal injury and workers’ compensation.
Why Do Insurance Companies Hire Private Investigators?
Verifying Claim Details: Insurers aim to ensure the validity of a claim. Investigators are tasked with verifying the extent of the injuries and the circumstances under which they occurred.
Preventing Fraud: Insurance fraud is a significant concern. By employing investigators, insurance companies aim to uncover any dishonesty in the claims process, such as exaggerated injuries or fabricated incidents.
Gathering Evidence: Investigators gather evidence that might contradict a claimant's account. This could include surveillance footage, interviews with witnesses, or social media monitoring.
What Can Private Investigators Legally Do?
Surveillance: Investigators can observe and record your public activities. This might include taking photographs or videos when you are in public spaces.
Social Media Monitoring: They can review your public social media profiles to gather information about your activities and lifestyle.
Background Checks: Investigators may conduct background checks to uncover past incidents or claims relevant to the current case.
Interviewing Acquaintances: They can approach your friends, neighbors, or coworkers to gather information about your daily activities and health status.
What Are the Legal Limitations?
Privacy: Private investigators must adhere to privacy laws. They cannot trespass on private property, use illegal methods to gather information or harass you.
Misrepresentation: They cannot misrepresent themselves or their intentions when gathering information.
How to Protect Yourself
Be Aware of Your Public Presence: Assume you are being watched and act accordingly, especially in public spaces.
Stay Consistent with Your Claims: Ensure your actions do not contradict your reported injuries and limitations.
Privacy Settings: Review and adjust your social media privacy settings, and be cautious about what you post online.
Consult Your Attorney: If you suspect you're being investigated, discuss it with your personal injury attorney. They can guide and advise on legally protecting yourself and your claim.
The U.S. Bureau of Labor Statistics reports that as of 2022, there were about 38,300 jobs held by private detectives and investigators, with an expected job growth of 6% from 2022 to 2032. This growth indicates a continuing demand for their services in various sectors, including personal injury cases.
Using private investigators by insurance companies is a strategy to validate claims and prevent fraud. While it may seem intrusive, understanding their role and limitations can help you navigate your case more effectively. Staying informed and consulting with your attorney are your best defenses to protect your rights.
The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases. If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online. Always a free consultation!