Can an Insurer Do Surveillance on Me After I File a Claim?

 Posted on April 04, 2025 in Personal Injury

People get hurt in accidents every day. If your injury happened at work, you can file a workers’ compensation claim to receive benefits. If someone else’s negligence or intentional act caused your injury, you may qualify to seek compensation through a personal injury claim.

As part of the investigation process, insurers may conduct surveillance on claimants. However, the evidence they find may be taken out of context and used to reduce or eliminate your payout or benefits. Your experienced Decatur, IL personal injury and workers’ comp lawyer wants you to be aware of what insurance company surveillance could entail and how it could affect your claim.

Why Would an Insurance Company Conduct Surveillance on Me?

Whether you filed a personal injury or workers’ comp claim, no insurance company wants to pay you fairly. If asked, the insurer would probably say you are under surveillance to prevent fraud. While that could be partly true, surveillance is only one tactic these companies use routinely to shortchange claimants.

These claims are based, in part, on the extent of your injuries and how they affect you. If evidence is found that you are not injured or that your injuries are not as serious as you claim, that could result in a claim denial or a low settlement offer.

What Could Insurance Company Surveillance Include?

Investigators look for evidence in different ways, which could include:

• Checking your and your friends’ social media accounts, looking for photos or mentions of you
• Speaking to your coworkers, neighbors, and others
• Following you when you leave your home
• Taking pictures or videos of you

They will look for anything they can use to show that your activities are inconsistent with your reported injuries. For example, if you say that your shoulder or arm is injured, seeing you play catch with your child could mean you were not injured or that your injury has already healed. Being tagged in your friend’s social media post for participation in a weekend outing when you are supposedly bedridden might also indicate potential fraud.

What Should I Do If I Think I Am Being Watched?

There are several things you can do to protect your claim. Even if you do not believe you are being watched or followed, assume that you are. Do not do anything that could indicate that you are not injured. Do not post anything on social media, and ask your friends and family not to mention you in their posts.

Always follow your doctor’s restrictions. For example, if you are not supposed to jog, do not do it. Someone could see you, and it could be used against you.

Many times, the "evidence" found by an insurance investigator is taken out of context. Keep a daily journal of your activities, pain level, healing progress, and other details associated with your injuries. Be sure to note anything you do that is unusual. For instance, if you are restricted from lifting more than 10 pounds but need to pick up your toddler to prevent her from running into the street, make a note of it. Your journal can add context to your actions.

Call your attorney right away if you think you are being watched. We can give you additional advice based on your specific situation.

Call Our Dedicated Peoria, IL Personal Injury Lawyers

At Kanoski Bresney, we know how insurance companies operate. Your knowledgeable Springfield, IL workers’ comp attorney can help you protect the integrity of your claim to ensure you get as much compensation as you deserve. Call 888-826-8682 or contact us online to request your free case review today.