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Social Media Evidence in Workers’ Compensation Cases

June 27th, 2018 at 7:22 pm

DuPage County workers compensation attorneys, social media evidence, workers' compensation case, workers’ compensation claim, workplace injuryMost people use social media every day. They spend time on Facebook, Twitter, LinkedIn, and other social media outlets to share information about themselves and discover what is going on in the lives of their friends, family, and acquaintances.

If you get hurt at work, however, you should be careful about using social media — whatever you post has the potential to be used against you in a workers’ compensation case. 

How Social Media Can Hinder a Workers’ Comp Case

The success of a workers’ compensation claim depends on whether or not an employee sustained an injury while he or she was working. Since insurance companies and employers are in business to make money and would like to pay nothing or as little as possible for workers’ compensation claims, many will search for any way to avoid liability for a claim.

One of the ways employers and insurers avoid liability for workers’ compensation claims is by trying to find evidence that an employee misrepresented his or her alleged on the job injury. If you get hurt at work and document anything related to your injury on social media, you may be creating evidence that can be used against your claim.

For example, if you claim that your workplace injury has hurt your legs and are posting pictures of running laps at the gym with your friends, the employer or insurance company can use this as evidence to prove that your legs are fine and you do not need time away from work or reimbursement for your medical bills and lost wages.

When Can Social Media Evidence Be Used as Evidence?

It is important to note that while social media may be used as evidence in workers’ compensation cases, the court does consider all types of social media evidence. In order for social media evidence to be valid, it must be relevant to the case and authenticated. It must also address any unconfirmed information and adhere to the rule of best evidence.

Keep in mind that even though insurance adjusters and employers do not have the right to bypass privacy settings in order to look at your photos and information, they may still find content to use against you if any of your photos or posts are posted publicly by others.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, we encourage you to keep your social media activity at a minimum. This way, you can increase your chances of collecting the maximum compensation you may deserve. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim.

Source:

https://www.americanbar.org/publications/youraba/2016/november-2016/how-to-get-social-media-evidence-admitted-to-court.html

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