Social media is a pervasive force in most people’s lives, a resource for news, entertainment, self-expression, staying connected, and even extra income. However, as regular as it has become in our everyday routines, social media can have negative consequences, depending on the information we share.
If you’ve filed a workers’ comp claim, just one post can damage your case, even leading to a complete denial of benefits. Your company’s insurer wants to pay out as little as possible, and any details, videos, or images you post on your social media sites can provide enough justification to reduce or eliminate their financial responsibilities.
How Social Media Posts Can Hurt Your Workers’ Comp Claim
Nothing you post online is ever private. Even if you delete a text, photo, or tag, it remains online for someone else to discover. Suppose you file a workers’ comp claim for back pain you developed at work.
For instance, posting about a night out with your friends or a weekend camping trip on your Facebook account could negatively impact your ability to collect workers’ compensation. If you’re nursing a lower back injury, you’re likely not well enough to be camping in the wilderness or dancing at a nightclub.
Even a picture of you holding your pet dog can indicate that you’re not following your doctor’s lifting restrictions or other medical directives. Also, posts expressing happiness, positivity, or gratitude might contradict your claims about pain and suffering.
Once you file your work injury claim, you can be assured that an investigator with your employer’s insurer is combing through your online accounts. They’ll use any incriminating information about you to argue that your work-related injury is not as severe as you claim or doesn’t interfere with your job duties. Some employers might even present a social media post as “evidence” that your injury didn’t occur at work.
Strategies for Social Media Use During the Claims Process
If you’re unwilling or unable to delete all your social media accounts, it pays to use extra caution while going through the workers’ comp process. If you’ve already posted information that could weaken your case, don’t attempt to delete it. Doing so could be construed as destruction of evidence, weakening your legal claim and getting you into criminal trouble.
Moving forward, you can temporarily deactivate your accounts if possible. If not, you should at least avoid adding new posts. You should also take these steps:
- Do not post anything about your work accident, injuries, medical treatment, or other activities connected to your worker’s comp case.
- Do not post any photos of you, and ask your friends and family to refrain from posting pictures, discussions, or updates about your injury or claim.
- Turn on privacy settings to the highest level, which gives you the authority to approve who can view your content.
- Do not accept new friend or follower requests, as they could be from investigators trying to access your information.
- Do not use employer-issued phones, work emails, or shared email accounts to communicate with your local workplace injury lawyer. Use your personal computer or phone.
These precautions can add extra layers of protection, but there is no guarantee that your employer or insurer will not find negative information about you. Whenever we use social media, it’s safe to assume nothing is entirely private.
Experienced Lawyers for Injured Workers
Helping injured workers obtain the fair compensation they need is essential to the mission of Clements, Taylor, Butkovich & Cohen, LPA, Co. Our Cincinnati legal team has the worker’s comp knowledge and experience to help clients retain their rights, recover from their injuries, and return to work with dignity. Contact our office today at 513.721.6500 for more information. A workers’ comp attorney will review your case and discuss your options.