How Social Media Can Impact Workers' Compensation Claims

In today’s hyper-connected world, social media has become a huge part of many people’s everyday lives. On these platforms, we share everything; from what we eat for breakfast to who we’re voting for. Unfortunately, many people don’t consider the impact of discussing work related issues on Facebook or Twitter.

When it comes to sharing details about a work injury, what you say could become a serious liability to your legal standing and even work against you in your workers’ compensation case. Protect your rights by learning the ways employers and insurance companies can use social media information against you.

How Social Media Can Hurt Your Claim

We share a lot on social media, and employers have caught onto this fact. It has become common practice for employers, and their insurance companies, to review a worker’s social media accounts to look for evidence that could be used to deny a workers’ comp. Claim. They may review the times and locations of photographs that are at odds with the employees claim of injury or disability, or the purported timeline of events.

For example, if you claim to have an arm or wrist injury as a result of your job, but then post pictures of your recent bowling score, your employer will likely take that as a sign that your arm is not truly hurt and reject your claim.

Even if you think your profiles are “locked down” because they’re set to private, it’s still possible for your employer or their insurance company to access your online posts. While it's always a good idea to think carefully about what you share online, it’s especially important while trying to get your workers’ comp. claim approved.

How Social Media Can Help Your Claim

While most workers’ comp. claims are negatively impacted by social media, there are some instances where “oversharing” can be beneficial. It’s possible you may have snapped a photo of your accident and shared it on Facebook. This can be used to corroborate elements of the situation, such as confirming a timeline of the injury or the details of the incident.

If you’ve posted anything regarding your case to social media, it’s best to tell your attorney about them and discuss whether or not to use them as evidence in your case.

Is That Legal?

According to the American Bar Association, evidence gathered through social media is more or less the same as evidence gathered by any other means. While the court may consider the relevance of this evidence to the case and the details of its collection, the fact that it came through social media does not negate its legal viability.

Because anything posted on social media technically belongs to the social media outlet, anything may be considered public information, even if a user has his or her account set to private.

What To Do if Your Claim is Denied

If your workers’ compensation claim is denied on the basis of a social media post, you still have options. Working with a Certified Workers’ Compensation Specialist like those at Cole, Fisher, Cole, O’Keefe + Mahoney can help you to appeal the denial and get the benefits you deserve.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.