WORKERS’ COMPENSATION: My husband has a worker’s compensation case and our neighbor told us there was someone taking video of my husband when he was in the backyard. Is there something I should know about before the case comes to court?
Your husband must see his lawyer immediately and report it. It is quite legal for a private investigator (who is usually employed by the employer’s insurance company) to take video of your husband showing him doing certain things – like taking the garbage bin out or mowing the lawn. Or video can be taken of your husband doing some bending which would show some aspects of his physical condition. Although unethical, your husband could also be trapped by someone asking him to pick a wallet, or money, or something else from the ground or helping someone with putting a bicycle into the back of a station wagon. This is all about the insurance company trying to show the real physical condition of the plaintiff husband to try to reduce liability – in addition to the usual medical specialists’ reports and testimony.