How Social Media is Used in Workers’ Comp Claims?
The workers’ comp system has been put in place for those who have suffered from workplace injuries. In South Carolina, this works as a no-fault system. This means that some try to cheat the system by faking injuries or not being honest about their severity. In a no-fault system, zero evidence is required to claim lost wages and medical bills.
With businesses experiencing fraudulent workers’ comp claims, social media has been the avenue they have turned to for help. These claims are harmful not only to other employees who have actually been injured and need compensation but also to businesses, especially if they are small.
Uses of Social Media
Have you ever had a coworker call in sick only to see them on their social media a few hours later out with their friends? While this is not the same as a fraudulent claim, employers and insurers are using social media to look at their employee’s accounts for this very reason. If a social media account is public, anyone can search them and see their most recent activity, or in the case of small businesses, employers often “follow” their employees on social media already.
By using social media in this way, employers can sometimes get enough evidence of fraud to open an investigation against the employee for using a fraudulent workers’ comp claim to exploit the company.
If an employee claims a workplace injury like a broken leg, but then an employer uses social media to find photos and videos of that person traveling, exercising, or doing any other activity that shouldn’t be possible, legal action can be taken against them. These incriminating photos and videos are difficult to refute in court. For this very reason, lawyers advise their clients never to post on social media after filing a workers’ compensation claim.
Maybe it seems obvious to you that you shouldn’t post anything on social media that could be used against you when making a claim. However, social media spaces are still considered personal platforms used to document your everyday life, so it’s easy to forget how easily others can find your account and see all your activity. You might also think that this isn’t something to worry about if you are making a legitimate injury claim, but it’s still a good practice to stay away from social media during your claims process.
Getting the help of an experienced workers’ comp lawyer can ensure you don’t make these mistakes and allow you to get the compensation you deserve after suffering a workplace injury.