• Menu
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Search
  • About
  • Contact
  • Privacy
 
CHOOSE BROADSPIRE

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
    • Training Center
  • Get Started
    • Newcomers Class for WC Professionals
    • Subscribe to Free Newsletter
    • Free Training Center Account
    • Return to Work Resources
    • WC Claims Mgmt. Resources
    • Insurance Advisor Resources
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login

Mobile Menu

Choose Broadspire

CHOOSE BROADSPIREBroadspire Delivers Meaningful Results to Our Clients and Their Claimants
  • Home
    • Training Center
  • Get Started
    • Newcomers Class for WC Professionals
    • Subscribe to Free Newsletter
    • Free Training Center Account
    • Return to Work Resources
    • WC Claims Mgmt. Resources
    • Insurance Advisor Resources
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login
  • Search
  • About
  • Contact
  • Privacy
You are here: Home / Claim Management / Fight Workers Comp Fraud & Abuse / Using Social Media to Fight Workers Compensation Fraud

Using Social Media to Fight Workers Compensation Fraud

June 19, 2011 By //  by Robert Elliott, J.D. Leave a Comment

Check with an attorney if you question whether or not you are invading an employee’s privacy. The courts have consistently ruled employees in workers comp cases do not have a reasonable expectation of privacy when using social networking sites. Be aware, case law on the use of social media information to disprove fraudulent workers comp claims is still developing. The general direction of the law is any information the employee makes public can be used as evidence in the workers comp claim.
 
 
The use of social media to fight workers comp fraud is beginning to catch on when plaintiff attorney's start warning clients about social networking sites like Facebook, Twitter, LinkedIn, and MySpace. (WCxKit)
 
 
Nothing sinks a workers comp claim faster, from the plaintiff attorney's standpoint, than the picture of the employee rock climbing, while too injured to perform light duty work. It is amusing to think the employee actually posts these pictures on his (or her) Facebook page. Not so amusing to the plaintiff attorney is the date stamp on the picture.
 
 
When the employer questions the validity of the employee’s workers compensation claim a private investigator may be hired to check out the employee's personal blog, Twitter account, Facebook, My Space, Flickr (photo sharing) or LinkedIn pages. Or, the employer can do it pretty much for free with a little time and effort because the Internet has a wealth of information – yes, on just about everyone, even your employee.  Many investigators perform virtual searches in addition to in-the-field searches, a new way to investigate in the last 25 years, and there are investigative services that specialize in virtual investigations.
 
 
The employee, presenting a fraudulent workers comp claim, is usually motivated by greed but does not think a little thing like insurance fraud should interrupt his (or her) personal world. Some don't see it as a big deal. The employee continues to live the lifestyle he has been living, including posting non-work related activities, whether it is mountain biking or reading the latest New York Times bestseller. When the employee posts the pictures of his iron man triathlon, (occurring while his back hurts so much rising from bed is nearly impossible), most doctors when presented with such evidence release the employee back to work. The plaintiff attorney, of course, argues the employee was “having a good day” when he participated in the iron man triathlon.
 
 
In addition to searching social networking sites, search by the employee's name on Google, Yahoo, or Bing. If the name is a common one, add street, city, and state to reduce the number of search returns. If an employee is on one social networking site, look to see if there are links to other social media pages. Nothing is more fun than reading a “tweet” where the employee says something like, “Boy, do I have the workers comp doctor fooled.” Of course a YouTube video of the employee skydiving can also be very entertaining. Flickr commonly has photos of such events, oh so notable are these activities in the employee's life.
 
 
If you are having difficulty with your Internet search try using pay sites charging nominal fees ($1.99 or $4.95) to search the Web for you and compile the employee’s information. Search engines like Pipl.com and Spokeo.com scour the web for you and provide a lot of info on the employee. Almost all of it will be unrelated to your employee's workers compensation claim, but the occasional golden find makes it worthwhile. (Search your own name and be dismayed by the astonishing amount of information there is about you on the internet). Spokeo aggregates information about people from various accounts they open; it also includes their "wish lists" from Amazon and other sites.
 
 
Some employees with questionable injury claims do not post anything discriminating about themselves; however their “friends” do post pictures of the employee involved in their activities then append the employee's name to the photo images. When defense attorneys request information through the discovery process, employees often argue their privacy is being invaded. If the employee refuses to turn over the information on the social media sites, the defense attorney can obtain a court order and most social networking sites will provide the request information from the employee's web page. Generally, the rules of evidence are more relaxed in workers compensation cases than in criminal cases, and the social website information is admitted as evidence. (WCxKit)
 
 
Share with the claims adjuster and defense attorney any evidence you turn up showing the employee's injury is not as bad as claimed. Do not share the information with the employee, unless you want the information to “disappear.” Any social media developed evidence is used in conjunction with and to substantiate other evidence developed in the investigation.
 
 
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com .

Our WC Manual: http://corner.advisen.com/partners_wctoolkit_book.html
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR:  http://www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE: Workers Comp Resource Center Newsletter
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

Filed Under: Fight Workers Comp Fraud & Abuse Tagged With: Combating Fraud, Legal Issues with Social Networking, Plaintiff Attorney, Social Media Lawsuit, Social Networking, Social Networking & Workers Comp Litigation, Stopping Fraud and Abuse, WC Fraud

Related Articles

workers' comp Investigation

Best in Class Claims Investigation

Best in Class Claims Investigation

Complete A Better Accident Investigation

Complete A Better Accident Investigation

One Critical Step To Start Any Injured Worker Investigation

One Critical Step To Start Any Injured Worker Investigation

Can You Spot the Workers Comp Fraud Red Flags?

Can You Spot the Workers Comp Fraud Red Flags?

Pro-Actively Stop Workers’ Comp Fraud Before It Starts

Pro-Actively Stop Workers’ Comp Fraud Before It Starts
workers compensation red flags of fraud

The RED FLAGS of Workers Comp Fraud

The RED FLAGS of Workers Comp Fraud

Surveillance in Workers’ Compensation

Surveillance in Workers’ Compensation

Responsibilities of a Workers’ Comp Claims Investigation Leader

Responsibilities of a Workers’ Comp Claims Investigation Leader
TEN Steps Every Adjuster Should Perform In a Workers Comp Claim Investigation

10 Steps Every Adjuster Should Perform In a Workers Comp Claim Investigation

10 Steps Every Adjuster Should Perform In a Workers Comp Claim Investigation

Detecting Workers’ Compensation Fraud

Detecting Workers’ Compensation Fraud

Surveillance is Often Used Incorrectly

Surveillance is Often Used Incorrectly
Five Clues an Injured Employee is Dragging Out a Workers Compensation Claim

Five Clues an Injured Employee is Dragging Out Their Workers Compensation Claim

Five Clues an Injured Employee is Dragging Out Their Workers Compensation Claim

Free Download

The 5 Cs For Taking A Bulletproof Injured Worker Recorded Statement - FREE Download Click Here Now!

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Previous Post: « Ontario Workplace Violence and Harassment Law Includes Domestic Violence
Next Post: North Carolina Appeals Court Changes Workers Comp Award »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

FREE DOWNLOAD

The 5 Cs For Taking A Bulletproof Injured Worker Recorded Statement - FREE Download Click Here Now!

Our Sponsors

Broadspire

Workers’ Comp 3rd-Party Administrator
 

Catastrophic Care Management, Complex Care, and Specialty Networks
 

Ametros

Post-Settlement Administration
 

Medicare Secondary Payer Services
 

Medcor

Injury Triage, Onsite Clinics

Read Our Award-Winning Blog

Blog Categories

Search Our Archive

Subscribe to Our FREE Newsletter

Footer

Search Our Archive

Search our continually growing archive of over 2500 articles about Workers' Comp issues.

Quiclinks

  • Calculators
  • Terms & Abbreviations
  • Glossary of WC Premium Terms
  • WC Resources
  • Best Practices
  • Industries

RSS Recent Blog Posts

  • What to Do AFTER a Workers’ Comp Claim Audit
  • Select the Right Claims for a Workers’ Comp Claim Audit
  • Stop Wasting Time Doing Workers’ Comp Claim Audits
SUBSCRIBE TO OUR FEE NEWSLETTER
Let Us Help You Stomp Down the High Cost of Workers' Comp!
Top of Page ↑
  • Home
  • Training Center
  • Get Started
  • Membership
  • Products
  • Blog
  • About
  • Contact
  • Subscribe
  • Login
Copyright © 2021 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice