Wednesday, March 6, 2013

Beware of Surveillance ? Georgia Workers' Compensation

By: Russell Keener ??? March 5, 2013

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If you?ve been injured on the job, some?times the insur?ance com?pany will hire a pri?vate inves?ti?ga?tor to watch you. What they want to do is try to catch you doing some?thing your doc?tor told you not to do or some?thing you told your doc?tor you couldn?t do. A video of you doing some?thing you told your doc?tor you could not do is damn?ing to your case. Sur?veil?lance is most com?monly ordered when a hear?ing or set?tle?ment medi?a?tion is approaching.

Most of my clients think they would know if they were being ?watched.? That?s not my expe?ri?enced. Pri?vate inves?ti?ga?tors are trained to watch you and not let you know you are being watched.

At your depo?si?tion you will fre?quently be asked who lives with you, your height, weight, etc, so they can pass that infor?ma?tion to the pri?vate inves?ti?ga?tor so they make sure they get the right person.

Pri?vate inves?ti?ga?tors need an oppor?tu?nity to ?pick you up.? That?s what they call it when they start fol?low?ing you. Com?monly they will do this at your house or at your doctor?s visit. Because the insur?ance com?pany knows when you will have a doctor?s appoint?ment it is easy for them to tell the pri?vate inves?ti?ga?tor where and when they will be able to find?you.

Know?ing where and when you will be some?where is crit?i?cal to the inves?ti?ga?tor. I have twice known a pri?vate inves?ti?ga?tor to sit in the park?ing lot out?side my office dur?ing a depo?si?tion in order to fol?low my client when they leave. Once an inves?ti?ga?tor even went inside a doctor?s office and sat in the wait?ing room with my client try?ing to get some ?dirt? on her. But, usu?ally they will try to pick you up at your home. Fre?quently they will park down the street and just watch your?house.

You do not want to be out in the yard doing yard work if your doc?tor told you not to. Tak?ing out the trash is another inves?ti?ga?tor favorite. They want to ?catch? you tak?ing out the trash when you have lift?ing restric?tions and ?assume? it must have been over the doctor?s pre?scribed limits.

Doc?tors do not like to see you doing things on a video you pre?vi?ously told them you could not do. I have seen a doc?tor turn on a patient and dis?miss them to full duty with no restric?tions based on a video. Never mind whether you were hav?ing a ?good day? or had just taken your pain medication.

Clients fre?quently need to be reminded of the poten?tial for sur?veil?lance and be cau?tious. This does not mean you have to go through life para?noid that some?one is always fol?low?ing you. But, you do need to be mind?ful of the pos?si?bil?ity and be care?ful to fol?low your doctor?s instructions.

If you sus?pect you are being watched by an inves?ti?ga?tor the best advice I can give is to just stay inside. They will even?tu?ally get tired and go away. Some?times they may con?tinue to watch your house for 3 days. If you see a sus?pi?cious car in your neigh?bor?hood, you should call the police and ask that a patrol car come by and check it out. How?ever, some?times when the police show up and talk to the per?son in the car, it if?s an inves?ti?ga?tor, they will just leave and say noth?ing to?you.

Don?t think you can hide in your back?yard either. Inves?ti?ga?tors fre?quently go onto your neighbor?s prop?erty in order to get a good view of your back?yard. Again, don?t go through life para?noid, but be mind?ful that sur?veil?lance is a tool the insur?ance com?pany can and may use against you.

Source: http://keenerlaw.com/workers-compensation/beware-of-surveillance-georgia-workers-compensation/

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