Yes. Posting on social media can definitely negatively impact your workers’ compensation claim. Please know that if you are injured at work, you can file a workers’ compensation claim with your employer’s insurance company. You file the claim to hopefully receive compensation for your injuries. However, some things, like social media, can actually hurt the success of your claim.
How Can Social Media Hurt a Claim?
Social media posts can ultimately cast doubt on the seriousness of the injuries that you include in your claim. In some cases, an insurer may allege that you submitted a fraudulent workers’ comp claim. The reasoning is that your posts may show that you never suffered a workplace injury and you falsified your claim.
Let’s consider an example. Assume Joe holds an administrative job in a business that occupies a two-story building. Joe often uses the building’s stairs to speak with personnel in different departments. One day Joe slips down the stairs and badly twists his knee. He soon files a workers’ compensation claim and insists that he suffers pain and limited mobility in his knee due to the injury.
Now assume that Joe starts posting pictures on such social media channels as Facebook and Instagram. The pictures show Joe taking part in a 5K run. He even posts a caption with the pictures that reads, “So much fun to run with my friends today. I think I could have ran another two miles.”
Here, the posts cast severe doubt on the seriousness of Joe’s injuries. There is no way he could have happily run a 5K with a knee injury that causes pain and limited mobility. In fact, the pictures may even suggest that Joe made up his initial “injury.” If an insurer discovered the images, the insurance company would likely deny Joe’s claim or severely discount the value of his claim.
Will an Insurer Check Your Social Media?
Yes. Note that insurance companies actually lose money if they have to pay out on a workers’ comp claim. As a result, they do a good job of investigating claims to find a reason to deny your claim or pay you less than what your claim is truly worth. Reviewing your social media accounts is part of this investigation.
Note as well that insurance adjusters may try and take posts out of context to question your injury. An adjuster could use a picture of you smiling at a relative’s birthday party to reject your assertion that you’re in constant pain because of your workplace injury. Or, an adjuster could use a post commenting on your physical therapy following a work injury to suggest that you never really needed therapy in the first place. All of this may sound harsh, but it all can definitely take place.
So, What Should You Do?
We recommend staying clear from social media while your workers’ compensation claim is pending. Once you submit your claim, you don’t necessarily have to delete your social media accounts. However, it’s wise to deactivate them. Deactivating them will help ensure that you receive full and fair compensation for your injuries.
Further Questions? Please Contact the Law Offices of Kevin D. Anderson today!
Our legal team has been helping injured workers file workers’ compensation claims for over 13 years. We stand up to insurance companies and know how to negotiate with insurance adjusters. Do yourself a favor and contact us now to get the legal help you deserve! Let us handle the details and complexities of your case while you focus on heling from your injuries.