This video will discuss how long a private investigator can follow you after you file a workers’ compensation claim in California.
My name is Matt Eason. I’ve been practicing employment and workers’ compensation rights law here in Sacramento for over 25 years. It’s not uncommon for our clients to have anxiety or fear that someone is following them after submitting a claim. More importantly, we will discuss why investigators sometimes follow claimants, what’s likely to happen, and what you should be concerned about.
Learn more about our Sacramento Workers’ Compensation Attorney Services.
How long can a private investigator follow you?
The short and unfortunate answer as to how long they can follow you is the entire time. The reality of that is that they’re not going to. Certain types of cases lend themselves to being followed. For starters, following somebody in a workers’ compensation case costs significant money. Private investigators are not cheap, so if they’re going to investigate you, there has to be a basis for them to be willing to spend that money.
Likelihood of Being Investigated in Straightforward Claims
If you suffered a clear on-the-job injury, and everybody knows you’re hurt, an investigator is unlikely to try and follow you. An example of this is if you fell at a construction site and broke your leg, were taken by ambulance to the hospital, and then had surgery. There is no real reason to be concerned that they will follow you for some time. That injury happened. People saw it. The fact that you went to the hospital and had surgery demonstrates that you were injured. So, there’s no natural anxiety or reason for an investigator to follow you for that injury.
Claims That May Result in a Claimant Being Followed
As an alternative, if nobody saw your injury, nobody knows for sure if you’re injured. The doctors may be somewhat conflicted about your limitations. In these cases, you may be followed to determine whether you are hurt or if there is some evidence your injury is exaggerated.
For example, a warehouse worker claims they can no longer lift over 20 pounds and did not have a specific injury that anyone witnessed. The doctors found only soft tissue injuries. There’s probably a legitimate concern that someone would follow you, hoping they see you doing something you should not be doing.
Likewise, in the example of someone breaking their leg and having surgery, if the recovery time went well past the average recovery time for that type of injury for no apparent reason and that person is claiming they can’t walk, there may be a reason to launch an investigation since there is no medical evidence to support the extended recovery. In this case, the claimant should expect to be followed to see if they are doing something they said they could not do.
Straightforward Claims
To look at it another way, in the simplest of terms, if it’s clear that you were injured on the job, and it’s clear that you suffered an injury based on medical imaging or medical diagnosis, then the chances of you being followed are minimal. In contrast, if there is a dispute about whether or not you were ever injured, it is more likely that your injuries are not as significant as you say. If the evidence doesn’t support you, and it’s only your subjective testimony, there is a greater chance you will be followed. The length of time you are followed depends on the size of your claim and other factors.
The Bottom Line
If you have clear evidence of an injury and ongoing problems from objective films, reports, or examinations, you really should not have any severe anxiety about being followed. Your injuries are substantiated. In contrast, if there is a genuine concern of you ever being hurt on the job, and more importantly, there’s a concern that your injuries are being inflated and you’re making things up, then there’s a greater chance you’ll be followed.
The point is to be truthful in your workers’ compensation case. Be upfront, be frank, and you shouldn’t be anxious about what they see or don’t see because you are telling the truth.
If you’ve been injured on the job and have questions about being followed, contact one of the worker compensation attorneys at Eason & Tambornini. We offer free consultations, and you will pay no fees upfront if we accept your case.
Call us at (916) 438-1819 today to make an appointment.
