When Does Workers’ Comp Start Surveillance?

Posted in Workers' Compensation on April 2, 2025

After filing a claim, many injured workers worry about surveillance, asking: “When does workers’ comp start surveillance?” Unfortunately, insurance companies can start watching anytime—even after you file your claim. They may look for inconsistencies in your case, sometimes using video recordings or social media monitoring to challenge your benefits. But just because you’re being watched doesn’t mean you’re doing anything wrong—understanding your rights is key

At Crossman Law Offices, we understand the anxiety and potential injustice that injured workers face from such scrutiny. We are dedicated to safeguarding your rights, ensuring fair treatment, and guiding you through any challenges that may arise.

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When and Why Insurance Companies Conduct Surveillance

Insurance companies often use surveillance tactics to protect their financial interests—not necessarily to protect injured workers. They might start watching you if they believe there are discrepancies in your medical reports or daily activities. This can feel invasive, but knowing when workers’ comp starts surveillance can help you stay prepared and protect your case.

Under the Arizona Revised Statutes, Title 20, § 20-156, the examination of insurers and the establishment of a financial surveillance fund are outlined. This section also provides a definition relevant to insurers’ financial oversight. Insurers can conduct surveillance to investigate fraud and verify claims.

Common situations where surveillance may begin include:

• After filing a claim, particularly if it involves long-term disability or high medical costs.
• Before Independent Medical Examinations (IMEs) to check if reported injuries match observations.
• Prior to court hearings or depositions, especially in disputed cases.
• If anonymous tips or social media activity suggest inconsistencies.

Insurance companies may hire private investigators to track your activities and gather evidence that can be used to dispute your claim or reduce benefits. 

Video and Photos Can Impact Your Claim

Workers’ comp investigators often rely on photos and videos to dispute claims. However, even innocent actions—like carrying groceries or bending down to tie your shoe—can be taken out of context to undermine your case. If you’re being watched, it’s crucial to follow your doctor’s restrictions carefully

Common surveillance methods include:

• Following you in public spaces such as grocery stores, gyms, or parking lots
• Recording videos outside your home to observe your mobility and physical condition
• Capturing social interactions to challenge mental health claims

If you notice someone watching you, remain cautious and always follow your doctor’s medical restrictions. Even an innocent act—like carrying a grocery bag or walking your dog—can be misrepresented by insurance investigators.

Social Media and Public Behavior Can Affect Your Claim

Social media can be a hidden risk in workers’ comp cases. Insurance companies frequently monitor profiles, looking for posts that contradict your claim. Even an innocent picture or comment could be twisted to reduce your benefits. 

To protect your claim, consider the following:

• Avoid posting photos or updates about vacations, hobbies, or physical activities.
• Set your social media profiles to private, but remember that investigators can still access public posts.
• Do not accept friend requests from unknown individuals, as investigators may use fake accounts.
• Ask family and friends to avoid discussing your condition online.

A single misleading post can be enough for insurers to question the validity of your claim, leading to denied benefits or forced settlements. Since surveillance is often unpredictable when workers’ comp starts, it’s best to limit online activity until your case is resolved.

Essential Steps to Take After a Workplace Injury

If you suffer a workplace injury in Arizona, following the proper legal procedures is crucial. The Arizona Industrial Commission outlines the steps every injured worker must take:

1. Report the Injury Immediately: Notify your employer about the injury immediately. Employers must submit a Form 101 (Employer’s Report of Injury) within 10 days.
2. Seek Medical Attention: Visit an approved workers’ comp physician and follow all treatment recommendations.
3. File Your Workers’ Compensation Claim: In Arizona, claims must be filed within one year of the injury date or the discovery of a work-related condition.
4. Understand Employer and Employee Responsibilities: Employers must report workplace injuries to the insurance carrier and the ICA within ten days. Employees must ensure their claim is filed correctly and be aware of notices regarding hearings and appeals.
5. Keep Track of All Documentation: Maintain copies of medical records, doctor’s restrictions, and correspondence with your employer and insurer.
6. Consult an Attorney If Issues Arise: A workers’ comp lawyer can help you navigate hearings and appeals if your claim is denied or disputed.

Following the proper steps after an injury is the best way to protect your benefits. If you miss a deadline or fail to report details correctly, the insurance company may try to deny your claim. Staying informed and working with an experienced workers’ compensation attorney can help ensure you receive the benefits you deserve.

Is It Possible for Surveillance to Continue After a Settlement?

Settling a workers’ compensation case does not always mean surveillance stops. Insurance companies may sometimes monitor individuals even after a settlement, particularly if they suspect fraud or believe the claimant may pursue additional claims. Surveillance could involve social media tracking, neighborhood visits, or video surveillance to check if a claimant’s post-settlement activities align with their prior injury claims. Although settlements typically finalize disputes, insurers might use post-settlement surveillance to gather evidence in case of future legal action or to dispute any additional benefits sought.

Defend Your Rights in a Workers’ Comp Case

Insurance companies work aggressively to limit payouts in workers’ compensation claims. If you suspect you’re under surveillance, do not panic—instead, focus on protecting your rights:

• Follow all medical restrictions and avoid activities that contradict your claim.
• Limit unnecessary physical activity in public, especially if you’re unsure whether surveillance is happening.
• Keep records of any unusual behavior, such as cars parked outside your home for long periods.
• Consult a workers’ compensation attorney if you believe surveillance is being used unfairly against you.

Protect Your Workers’ Compensation Rights— Contact Us Today

Workers’ comp surveillance can feel stressful, but you don’t have to go through it alone. At Crossman Law Offices, we’ve helped injured workers protect their claims and fight against unfair insurance tactics for years. If you’re worried about surveillance or have questions about your case, call us at 602-248-0380 for a free consultation. Let’s protect your rights together.