Social media has been a part of modern lives. For a lot of people, it’s a great way to connect with loved ones and friends. However, for those with pending workers’ compensation cases, posts on social media can hurt their claim. Thus, if you have been hurt on the job, you need to get legal advice to know what you can and cannot do while your case is pending. Read on to know how social might undermine your workers’ comp claim:
How Social Media Can Provide Evidence in Your Case
After you file a worker’s comp claim, your employer and their insurer collect information to try to reduce your benefits or deny them altogether. Just like other kinds of injury cases, related evidence may include whatever you, your friends, or loved ones post on social media.
Insurance providers have investigators who will follow you online to find your social media accounts, as well as the accounts of those closest to you. They wish to discover posts that can be used against your claim. Should they find any posts associated with your injury, ability to work, and activities that are not consistent with your claim, they can use these to contradict your statements.
Sometimes, an insurer may even try to get information from you regarding your social media accounts through the discovery process. When this occurs, your attorney must oppose such requests. Under the law, the insurer cannot access your socials media to any extent they want. The company should meet the burden of proof before they can compel you to give them access to your social media content.
Preventing Social Media Issues
To prevent issues from your social media posts, it is best not to use your account until your case has been resolved. Also, you need to ask your friends and family members not to post something about you. Your attorney may advise you to do so early on during representation.
If you cannot delete or socials media account, try to make it private and limit those who can access it. Also, if you have to post content for a good reason like the activity of your kid. You must follow some rules. In general, you must avoid posting content about your workers’ comp case, your workplace injury, and your employer. Particularly, do not post content or pictures related to your work-related accident, injury, medical treatment, or recovery. Ensure your family and friends know that they cannot post anything about you.
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