“It is illegal for the insurance company to videotape me!!”
This is a statement my clients often tell me each time I get hired as their attorney. This statement is false. The insurance carriers can and will hire an investigator to videotape you. The purpose of surveillance is for insurance carriers to catch injured workers doing physical activities outside their recommended work restrictions given by their doctor. Once the insurance carrier has videotaped surveillance of an injured worker doing physical activity outside their work restrictions the video must be disclosed to the injured worker or their attorney if they are represented. The insurance carrier’s attorney will also submit the surveillance video into evidence to be used at any hearings. Once doctors review the surveillance, most likely they will change their opinions regarding work restrictions and even medical treatment. This of course could be detrimental to your case. Remember that the insurance company would rather spend a few hundred or thousand dollars on an investigator to save them a lot more money in the long run when it comes to paying an injured workers indemnity benefits and medical treatment. Surveillance can be a powerful weapon for insurance carriers. The bottom line an injured worker should know their physician’s work restrictions and never do anything above and beyond those work restrictions because when you least expect it there will be surveillance.
Attorney X. Alex Carpio is a Partner at Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com