Pending Savannah Workers’ Comp Claim & Social Media

Should I Use Social Media While I have a Pending Workers’ Comp Claim?

One of the first things we tell clients when we initially meet with them is to refrain from using social media while their case is pending. That includes Facebook, Instagram, Twitter, Snapchat and other platforms.  

Unfortunately, the Employer/Insurer and their attorneys will view your social media accounts throughout your pending workers’ compensation claim to determine if you are engaging in any activities that may contradict your medical limits.

We’ve seen workers’ compensation claims denied because of photos gleaned from social media accounts. At one hearing, the Employer/Insurer’s attorney introduced pictures from Facebook of the Claimant holding his grandchild at a pool party—a task that someone with five-pound work restrictions technically should not have been able to do. The photo hurt his case tremendously. The court  ultimately found that the Claimant was exaggerating the extent of his injuries. That photo alone cost him thousands in workers’ compensation benefits.

In another case, the Claimant had posted pictures of himself riding a four-wheeler while he was supposed to be wearing a neck brace. The insurance company used that photo to try to lower the value of the Claimant’s settlement value by arguing that his neck could not have been hurt that badly if he was still able to go out and ride off-road on a four-wheeler.   

We understand that social media is a convenient way to keep in touch with friends and relatives who may not live close to you. However, the insurance company will use any evidence they can to devalue or deny your claim. A simple post or picture may seem completely innocent to you, but the insurance company will find any way to use it against you, and that post or photo could potentially diminish the value of your workers’ compensation claim.