Surveillance After a Maritime Injury

Maritime Injuries Jun 23, 2022

If you work in the maritime industry and you have been injured on the job, there is a good chance that you are entitled to compensation under the Jones Act or another federal maritime law. But, even if you are clearly entitled to compensation, your employer’s insurance company will try to fight your claim by all means available—and this may include conducting surveillance. Louisiana maritime injury attorney David Willis explains.

Insurance Companies Regularly Conduct Surveillance of Maritime Workers

When you file a claim under the Jones Act or Longshore and Harbor Workers’ Compensation Act (LHWCA), you may get the feeling that you are being watched. If you do, you could be under surveillance. Insurance companies conduct surveillance of workers who have filed Jones Act and LHWCA claims for two main reasons:

  • To Uncover Fraud – The insurance company may be following you to see if you are truly injured. In some cases, workers who have not injured file claims in hopes of collecting benefits, and the insurance companies will go to great lengths to uncover this type of fraud.
  • To See if You are Taking Care of Your Injuries – Even if the insurance company isn’t trying to accuse you of fraud, it may be trying to blame you for failing to take care of your injuries. If your recovery is taking longer than it should because you are ignoring your doctor’s advice, the insurance company will want to use this against you.

In addition to following injured workers, insurance companies are also increasingly conducting surveillance online. So, if you feel like you are being followed, the insurance company may be monitoring your social media posts as well.

Is It Legal for an Insurance Company to Follow Me After a Maritime Injury?

Generally speaking, it is legal for insurance companies to conduct surveillance of claimants as long as they do not trespass on claimants’ property. The insurance company’s investigator can follow you wherever you go, take photos and videos, and take notes detailing your every move. The insurance companies can also view anything you post publicly online, including posts on Instagram, Facebook, TikTok and other social media platforms.

If You’ve Been Injured in a Maritime Accident, You Need to Be Careful

Given that insurance companies surveil injured workers, if you’ve been injured in a maritime accident, you need to be careful. You need to strictly follow your doctor’s advice, and you need to avoid posting anything the insurance company may be able to use against you. The insurance companies will not hesitate to take photos or video clips out of context, so even if you do or post something that you think is completely innocent, your employer’s insurance company may still find a way to use it against you.

Get Help from an Experienced Maritime Injury Attorney

Are you concerned about protecting your right to compensation after a maritime accident? If you were injured in Louisiana, maritime injury attorney David Willis can help you. For a free, no-obligation consultation, call 800-468-4878 or request an appointment online now.  

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