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Kobal Law

Can An Insurance Company Hire A Private Investigator To Spy On You?


Our workers’ compensation attorney Jason Kobal gets this question more often than you might think. It is not uncommon for workers’ comp insurance companies to hire private investigators to spy on claimants seeking benefits for their work-related injuries and illnesses.

If you see someone following you or taking pictures of you in public places, you may think that you are paranoid. However, you are most likely not paranoid because many insurers hire private investigators to spy on injured employees who apply for workers’ compensation benefits.

If you believe that the private investigator violated your right to privacy when spying on you, do not hesitate to contact a lawyer to discuss your legal options. Schedule a case review with our Tampa workers’ compensation attorney by calling 813-873-2440.

Can Private Investigators Spy on Injured Employees?

Yes, your employer’s insurance company can lawfully hire a private investigator to follow you in an effort to find any evidence to deny your claim or discontinue your benefits. Private investigators are trained to take photographs and collect evidence to help insurance companies prove that the injured employee is not as injured as they claim they are.

While private investigators can follow you in public places, they are prohibited from:

  1. Trespassing on your private property
  2. Installing a tracking device on your cellphone or motor vehicle
  3. Pretending to be law enforcement officers
  4. Entering your home without your permission
  5. Gaining unauthorized access to your social media, email, or other types of cellphone/laptop data

Once the insurance company’s investigation is complete, the insurer may have grounds to deny your claim if the private investigator was able to gather sufficient evidence to dispute the validity of your claim or the severity of your injuries.

What to Do if You Are Being Followed by a Private Investigator?

If you suspect that you are being followed by a private investigator hired by the insurance company that investigates your workers’ compensation claim after a workplace accident, take the following precautions to avoid jeopardizing your claim:

  • Make sure that you do not engage in any physically demanding activities in public places (e.g., carrying heavy bags full of groceries, jogging, cycling, swimming, and others)
  • Your activities in public should be consistent with your injuries because you never know when you are being observed by a private investigator
  • Avoid posting social media photos or videos that show you engaging in any activities inconsistent with your injuries

Remember: Just because you do not see anyone around you does not necessarily mean that you are not being watched. Private investigators are trained to do their job without being spotted.

If your employer’s insurance company disputes your workers’ compensation claims by using the private investigator’s evidence or any other arguments, it is in your best interests to contact a skilled lawyer. A Tampa workers’ compensation attorney at Kobal Law will protect your rights, appeal the denial of your claim, and ensure that you get the compensation to which you are entitled.

Schedule a case review with Jason Kobal by calling 813-873-2440.

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