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How Social Media Use Can Endanger a Workers’ Comp Claim

A workers’ compensation claim can begin a complex and lengthy process. Especially when the injury is severe and involves high costs, an insurer’s claims adjusters will constantly search for ways to reduce their employers’ liability. Injured employees’ social media accounts are one way an insurer can investigate the merits of an employee’s claim. It’s important for the injured employee to keep their pending workers’ compensation claim in mind when they post to social media.

Insurers examine the merits of every claim

Bear in mind that an insurance adjuster’s job is to ensure that the insurer only pays for expenses that are rightfully covered under a policy. Adjusters are insurance experts. They know the cracks in a policy that might allow a claim to be partly or entirely denied. Adjusters therefore examine every claim to ensure that they tell an accurate story of the injury, its diagnosis, and how it is likely to be treated. Every insurer is vigilant against potential fraud. An employee who files a fraudulent claim will have the claim denied and may face other significant consequences, like a lost job and even criminal prosecution. Criminal fraud involves an intent to deceive the insurer, which may not be the case in many circumstances where an employee has made honest mistakes. But even an accusation of fraud can leave an injured employee without coverage.

Social media posts are a form of evidence

People who routinely use social media platforms like Facebook, Instagram, or Twitter can easily forget that their posts can reach a wide audience. Even if a user studiously controls their privacy choices, for example by not allowing “public” access, social media posts can become the focus of legal disputes, including administrative conflicts over denied workers’ compensation claims. What once was “private” may lose its privacy protection as a consequence of obligations in discovery or a subpoena. Social media posts can also reach coworkers and managers. Do not discount the possibility that a manager could alert an HR department about a social media post that they believe raises concerns. Cases of true fraud—where an employee is caught posting pictures of herself running a marathon two days after claiming to have a broken leg—are more common than one might expect. But social media can create hazards for injured employees in more subtle ways. Anything that contradicts the facts included in claim documents could create doubts in the mind of an insurance adjuster. In the social media world, which places a certain premium on keeping up appearances, a photograph or casual comment could cast doubt on the severity of an employee’s injury.

Call the GGRM Law Firm for help with your workers' comp claim

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area pursue workers’ compensation claims. We offer free attorney consultations to new clients. To schedule an appointment call us today at 702-388-4476 or send us a request through our site.