When you file a workers’ compensation claim in Minnesota, insurance companies often hire private investigators to monitor your activities. Understanding how surveillance footage affects your workers’ compensation case and your legal rights helps you protect your claim and prepare for what’s ahead. At Robert Wilson & Associates, we’ve spent over 30 years helping injured workers handle these complex situations.
Why Insurance Companies Use Surveillance in Workers’ Compensation Cases
Insurance companies routinely conduct surveillance on workers’ compensation claimants. This practice is standard in the industry. It doesn’t necessarily indicate wrongdoing on your part. Insurers use surveillance to verify injury claims, identify inconsistencies between your stated medical restrictions and your actual activities, and gather evidence for hearings or settlement negotiations.
Insurance adjusters want to confirm that your claimed limitations match your real-world behavior. If you claim you cannot lift more than 10 pounds but surveillance footage shows you carrying heavy groceries, that discrepancy becomes evidence in the insurer’s favor. The goal of surveillance is straightforward: to assess the credibility of your claim and identify potential fraud indicators.
What Investigators Look For During Surveillance
Private investigators hired by insurance companies document specific behaviors and activities. Understanding what they’re watching for helps you prepare. Seemingly innocent activities can be misinterpreted or presented in a misleading way at your hearing.
Investigators typically focus on activities that contradict your claimed medical restrictions. If you reported that you cannot stand for extended periods, but surveillance shows you standing in line at a store for 30 minutes, that footage will be used against you. Similarly, if you claim you cannot lift heavy objects, but you’re filmed carrying boxes or yard work materials, the insurer will present this as evidence that your injury is not as severe as claimed.
Investigators document activities such as heavy lifting, running or jogging, climbing stairs, extended standing, bending or twisting motions, and driving long distances. They also note your apparent pain levels, mobility, and whether you’re using assistive devices like crutches or braces.
The key is consistency. If your behavior on a “good day” contradicts your medical restrictions, that inconsistency becomes evidence the insurer uses to challenge your claim. This is why documenting your daily activities is so critical to your case.
Minnesota’s Surveillance Disclosure Requirements
Minnesota law provides important protections for workers’ compensation claimants regarding surveillance evidence. Under Minnesota Rules § 1420.2200, you and your attorney must receive surveillance evidence before your deposition or hearing takes place.
This disclosure requirement is a critical protection. It prevents the insurer from ambushing you with surveillance footage at your workers’ compensation hearing without giving you time to prepare a response. If surveillance evidence is not properly disclosed within the required timeframe, your attorney can challenge its admissibility in court.
You must receive surveillance evidence no later than 30 days before your hearing. If the insurer obtains evidence within 30 days of the hearing, it must disclose it within five business days of obtaining it. Regardless of when disclosure occurs, it must happen at least five business days before your hearing. If disclosure occurs within 10 days of the hearing date, the insurer must deliver it by messenger rather than first-class mail to ensure timely receipt.
How Surveillance Footage Can Be Used as Evidence
At your workers’ compensation hearing, the insurer will present surveillance footage as evidence. They will argue that your injury is less severe than claimed or that you’re exaggerating your limitations. The compensation judge will consider this evidence alongside your medical records, testimony, and other evidence presented by your attorney.
Challenging Surveillance Evidence
Surveillance footage can be significant evidence, but it’s not always conclusive. An experienced workers’ compensation attorney in Minneapolis can challenge the footage by questioning the methodology used by the investigator, the timing and context of the recording, and whether the activities shown truly contradict your medical restrictions. For example, if surveillance shows you lifting a light object, but your doctor restricted you from lifting more than 10 pounds, that activity may not actually contradict your restrictions.
Your attorney can contest surveillance footage by examining when it was taken, how long the investigator was present, and whether the footage captures the full context of your activities. A single moment of activity captured on video doesn’t necessarily prove you can perform that activity consistently or without pain. Your medical records, testimony about your pain levels, and expert medical opinions can all be used to contextualize or rebut surveillance evidence.
Protecting Your Rights When Under Surveillance
The most important step you can take is to follow your doctor’s medical restrictions consistently, even on days when you feel better. Insurance companies understand that injury recovery is not linear. Some days are better than others. However, if surveillance shows you violating your restrictions on a good day, the insurer will argue that your restrictions are unnecessary or exaggerated.
Document your daily activities and limitations. Keep a journal noting your pain levels, activities you attempted, and how your body responded. This documentation becomes valuable evidence if your case goes to a hearing. Understand that surveillance in public spaces is generally legal. Investigators can photograph and film you in parking lots, stores, and on public streets. However, they cannot trespass on private property or violate your privacy in other ways.
Report any surveillance to your attorney immediately. If you notice someone following, photographing, or filming you, document the details and contact your lawyer. Your attorney needs to know about surveillance so they can ensure proper disclosure and prepare your defense. This is especially important if you’re dealing with common mistakes that can ruin your workers’ compensation claim.
How Robert Wilson & Associates Protects Your Workers’ Comp Claim
At Robert Wilson & Associates, we understand how insurance companies use surveillance to challenge workers’ compensation claims. For over 30 years, we’ve represented injured workers throughout Minneapolis, St. Paul, and the surrounding areas. Our team knows the tactics insurers use, and we know how to protect your rights.
We’ve handled thousands of workers’ compensation cases, including many where surveillance evidence played a role. Our attorneys are recognized as Super Lawyers and members of the Million Dollar Advocates Forum, reflecting our track record of success in obtaining substantial recoveries for our clients. We work on a contingency fee basis, which means you pay no fees unless we recover compensation for you.
When surveillance evidence is presented in your case, we review it carefully to identify weaknesses, inconsistencies, or improper disclosure. We prepare you for your deposition and hearing, ensuring you understand what to expect and how to respond effectively. Our collaborative team approach means multiple attorneys review your case, bringing different perspectives and knowledge to your defense. Learn more about what happens at a workers’ compensation hearing to better prepare.
If you’re facing a workers’ compensation claim and are concerned about surveillance, contact Robert Wilson & Associates for a free consultation. Call (612) 334-3444 to speak with an experienced workers’ compensation attorney who will work to protect your rights and maximize your recovery.
About Robert Wilson & Associates
Robert Wilson & Associates has served injured workers in Minnesota since 1991. Our firm is based in Minneapolis and serves clients throughout Minneapolis, St. Paul, and the Northwest Suburbs. We represent clients on a contingency fee basis—no fees unless we recover fair compensation for you. Contact us today for your free consultation.
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