When does workers’ comp start surveillance, and what does it entail?
Workers Compensation - December 5, 2025
Workers’ compensation insurance companies may begin surveillance soon after a claim is filed, especially if they question the extent of an injury. Unfortunately, insurance companies often dispute injured workers’ claims to avoid paying benefits. They may use surveillance footage to challenge whether an injured worker is as limited as claimed.
A Chicago workers’ compensation attorney from Horwitz, Horwitz & Associates can help you protect yourself from unfair surveillance tactics and fight for your rightful benefits.
Why does workers’ compensation carry out surveillance?
Surveillance is common in workers’ compensation cases, particularly when an insurance company questions an injury or suspects inconsistencies. Companies often say they conduct surveillance if they suspect fraud, but it is often part of their general practice to save money.
To protect their own assets, insurance companies may try to cast doubt on your claim. If an insurer believes surveillance footage contradicts your medical restrictions, it may use that footage to argue for reduced or denied benefits. An insurance company’s chief concern is its own bottom line, not a victim’s best interests.
What are common workers’ comp surveillance methods?
Insurance companies often hire private investigators to carry out surveillance. A workers’ comp investigator can photograph you in public spaces, perhaps as you shop in a grocery store. Investigators can also implement video surveillance, recording your movements as you go through your day.
In some cases, investigators may speak with people in your life, like neighbors or coworkers, to look for information about your daily activities. You should expect intense social media scrutiny as well. Investigators will scour your accounts and your friends’ accounts, looking for photos or posts that appear to put your injury in doubt.
While it may be legal for you to work a second job while on workers’ comp, the insurance company may speak to your boss and coworkers about your capabilities and use your employment to undermine your claim. Talk to an experienced attorney who can help you navigate this particularly tricky situation.
Are any surveillance tactics illegal?
Not all workers’ compensation investigation tactics are legal. For example, workers’ compensation investigators cannot enter your private property or home without permission. They cannot harass or intimidate you or interfere with your day-to-day life.
Investigators cannot infringe on your right to privacy. This means they cannot “tap” your phone or break into your email or social media accounts. They also can’t enter your home without permission.
How can I protect myself during a workers’ compensation claim?
Partnering with experienced, knowledgeable workers’ compensation lawyers can offer critical protection when you’re seeking workers’ comp benefits. A lawyer knows how to file a workers’ compensation claim that includes convincing evidence and little room for dispute. A qualified attorney also has a full understanding of the Illinois Workers’ Compensation Act and will call out violations of your rights.
You can protect yourself by following your doctor’s orders to the letter. Compliance supports your health and your claim. You should also keep a log of your daily activities. The log can provide a context for behavior that an investigator may question.
For example, an investigator may use a picture of you holding a basketball to “prove” you are faking an injury and actually able to engage in sports. Your log may explain that you picked your child up from basketball practice and only carried the ball to your car.
We’re here for injured workers
Horwitz, Horwitz & Associates has extensive experience with workers’ compensation cases. Call (800) 985-1819 or contact us online to arrange your free consultation. A Chicago workers’ compensation lawyer can explain what to expect and help you avoid mistakes that surveillance footage could be used against you.
