Can My Boss Have Me Followed After a Workplace Injury?

 Posted on May 17, 2024 in Workers' Compensation

Some employers use private investigators to detect fraud in workers’ compensation claims. This practice is generally legal and nothing to worry about. However, employees who have filed a workers’ compensation claim should be aware that there is a possibility that they may be under surveillance while they are missing work due to their injury. Employees should follow any restrictions their doctors have given them regarding what activities they can and cannot perform while their injury is healing. Trying to perform a task you were instructed not to perform could make it appear as though your injury is not as bad as you claim. You should be represented by an experienced Will County, IL workers’ compensation attorney while your claim is pending.

What Private Investigators Can and Cannot Do

As a general rule, it is acceptable for private investigators to do anything a normal citizen could do, such as film you while you are outside your home. Private investigators handling workers’ compensation claims:

• Cannot film you inside your home or trespass on your property — If you are inside your home, a private investigator cannot film you because you have a reasonable expectation of privacy. They also cannot commit any act that would be considered unlawful trespassing if a normal person did it, such as climbing over your fence. 
• Can film and record audio of you in public — If you leave your home, anyone with a cell phone could theoretically capture you on film without breaking any laws. A private investigator can do the same and may use hidden cameras or recording devices to do so. 
• Cannot hack into your phone or computer — An investigator cannot access your phone calls, text messages, and emails. Only the police could do this, and they would need a warrant. A PI cannot get a search warrant. However, your public social media accounts may be monitored. 
• You can talk to your friends or neighbors — Some PIs will speak to your friends or neighbors and ask them about what you have been doing while you are off work or what you have said about your claim. 
• Cannot represent themselves as law enforcement — Even if a PI has worked in law enforcement, he cannot do anything to make you or others believe that he is a police officer. 

If you suspect that a PI has done something he was not supposed to do, report it to your lawyer immediately.

Contact a Plainfield, IL Workers’ Compensation Attorney

Flaherty Law, LLC is dedicated to helping injured workers recover the compensation they are entitled to. Experienced Will County, IL workers’ compensation lawyer Dan Flaherty has recovered millions of dollars in compensation for his clients. Contact us at 815-577-7500 for a complimentary consultation.