Aug 4, 2025

When Does Workers’ Compensation Start Surveillance?

Reviewed by:
Wesley McDaniel

Filing a workers’ compensation claim means you’re exercising your legal right to pursue benefits after a workplace injury. However, in some cases, it also means being watched —literally. Surveillance in workers’ compensation cases may sound extreme, but it’s a real and often misunderstood part of the process. Employers or insurance companies may hire private investigators to monitor injured workers and gather evidence to dispute the claim.

At Hansford McDaniel – Workers’ Compensation Attorneys, we believe in transparency and protecting our clients’ rights. If you’re receiving workers’ compensation benefits or planning to file a claim, here’s what you need to know about when and why surveillance may begin, what tactics investigators use, and how our firm can help you navigate the process with confidence.

Understanding Workers’ Compensation

Before diving into surveillance, it’s helpful to revisit what workers’ compensation is. Workers’ compensation is a state-regulated insurance system that provides benefits to employees who suffer work-related injuries or illnesses. These benefits may include:

• Medical treatment coverage
• Partial wage replacement for time missed
• Vocational rehabilitation
• Compensation for permanent disabilities

Workers’ compensation claims in Georgia cover a wide range of injuries, from traumatic incidents like falls and equipment malfunctions to repetitive use injuries and occupational illnesses. Regardless of how the injury occurred, the goal is to ensure that injured workers get the care and financial support they need to recover.

Why Do Insurance Companies Use Surveillance?

The reality is that not all claims are met with empathy. Insurance companies are businesses, and some may take aggressive steps to minimize payouts. When they suspect fraud, exaggeration, or inconsistencies in a claim, they may initiate surveillance to gather evidence. Common reasons an insurance company or employer might start surveillance include:

• The claim involves a large financial payout (e.g., surgery, long-term disability).
• The injury is difficult to verify, such as chronic pain or soft tissue injuries.
• The injured worker is pursuing a second opinion or changing doctors.
• The worker has posted photos or videos on social media that appear inconsistent with the claimed injury.
• A tip or report from a coworker or third party raised suspicion.
• The worker has delayed or failed to attend scheduled medical appointments.

While the majority of claimants are truthful, insurance companies often err on the side of caution or skepticism.

When Does Workers’ Compensation Start Surveillance?

There’s no official start date or warning. In most cases, surveillance can begin at any point after your workers’ compensation claim is filed. However, certain moments in the process tend to trigger surveillance more frequently, such as:

• Right after the claim is filed: This is when insurers look for discrepancies between the injury described in the paperwork and the injured worker’s day-to-day actions.
• Before or after a medical evaluation: Insurance companies may want to see if your activity level aligns with what the doctor reports or recommends.
• Near a court hearing or deposition: Surveillance footage may be used to challenge your testimony.
• During the appeal process: If your claim was denied and you’re fighting back, expect increased scrutiny.

In Georgia, surveillance is legally permissible in most public spaces, including parking lots, sidewalks, gyms, grocery stores, and even outside your home. However, surveillance on private property or involving hidden cameras inside your home is typically illegal and can violate your rights.

What Tactics Do Workers’ Compensation Investigators Use?

When people think of surveillance, they often picture a lone investigator parked outside a home with a telephoto lens. While that still happens, today’s workers’ compensation surveillance has evolved into a far more sophisticated operation. Insurance companies and employers often invest heavily in tracking the activities of injured workers, especially when large sums of money or long-term disability benefits are at stake.

Here are the most common methods workers’ compensation investigators use to gather evidence during a claim:

Photographic and Video Surveillance

The most traditional and still most common surveillance tactic is capturing photos and videos of the injured worker in public. Investigators may film you:

• Lifting heavy grocery bags
• Walking without an assistive device or noticeable limp
• Driving when your claim includes restricted mobility
• Performing yard work, sports, or other physically demanding activities
• Going to and from medical appointments

Even something as simple as walking your dog or carrying a child can be framed as evidence that you’re more capable than you’ve stated. These clips are often edited and presented without context, focusing solely on the moments that appear to contradict your reported limitations.

Social Media Monitoring

In today’s digital world, investigators don’t need to leave their desks to start building a case. Social media surveillance has become a key tool in workers’ compensation investigation tactics. Publicly accessible platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) allow insurance companies to:

• Review photos and videos posted by you, your family members, or friends.
• Monitor check-ins to restaurants, gyms, or travel destinations.
• Read comments that may hint at physical activity or contradict your injury.
• Assess your emotional state through jokes, celebrations, or “feeling good” posts.

Even if your profile is private, a mutual friend could unknowingly give access, or investigators may search for tagged content from others. In some cases, they may even create fake profiles to follow you or request access.

Public “Shadowing” and Following

Investigators may follow you from your home to a variety of public places, including:

• The grocery store
• Your child’s school or sports events
• Gyms or parks
• Shopping malls
• Churches or community events

The goal is to observe your daily activities and identify moments when you are physically active. If they spot behavior that doesn’t align with your doctor’s restrictions, whether it’s loading groceries or jogging across a parking lot, they’ll record it.

Investigators typically adhere to legal boundaries, filming only in public spaces. However, their presence can still feel invasive and unsettling, especially when they follow you closely or repeatedly show up in your neighborhood.

Interviews With Friends, Neighbors, or Family Members

Sometimes, surveillance includes conversational tactics. Workers’ compensation investigators may speak with people in your community to gain insight into your lifestyle and habits. They might ask questions like:

• Have you seen them doing yard work?
• Do they discuss returning to work?
• Have they mentioned taking trips or doing home repairs?

These conversations may seem casual or friendly, but they are part of the investigative strategy. It’s not uncommon for neighbors to unknowingly share information that gets misinterpreted or taken out of context.

Deep Dives into Medical Records and Treatment Notes

While this doesn’t involve cameras or tailing, reviewing your medical documentation is another key surveillance tactic. Insurance companies scrutinize:

• Doctor’s orders and recommended restrictions
• Physical therapy notes
• Missed or canceled appointments
• Any inconsistencies in your symptom reporting

They compare this information with the visual surveillance evidence they’ve collected, hoping to find discrepancies. For example, if your doctor restricted bending and lifting but you’re seen on video helping your child into a car seat, the insurer may use that as grounds to deny or terminate your benefits.

Analysis of Patterns and Daily Routines

Some surveillance efforts span multiple days or even weeks. Rather than capturing a single moment, investigators aim to establish patterns of behavior. They may return to your home at different times to track when you leave, where you go, and how frequently you engage in certain activities. This helps them build a narrative, even if it’s misleading, that suggests your injury is less severe than claimed.

Ultimately, the goal of surveillance isn’t always to catch outright fraud, but rather to cast doubt. If the insurance company can show even one moment that seems inconsistent with your reported pain or limitations, they may attempt to reduce your benefits, deny further treatment, or suggest that you’re no longer disabled.

How to Tell If You’re Under Surveillance

It’s not always obvious, but there are a few signs that may indicate surveillance:

• A vehicle is parked outside your home for long periods.
• Someone is taking photos or videos near your workplace or doctor’s office.
• Questions from acquaintances whom investigators may have contacted.
• Increased scrutiny around medical visits or a sudden interest in your social media activity.

Even if you don’t notice anything unusual, it’s wise to assume you could be under surveillance once your claim is filed, especially if the injuries are severe or involve high payouts. Surveillance often begins without warning and may continue for weeks, aiming to capture a single moment that can be used against you. By staying consistent with your medical restrictions and being mindful of your public activity, you can help protect your credibility and your workers’ compensation claim. 

Your Rights as an Injured Worker

Being watched doesn’t mean you’ve done something wrong. Georgia law allows insurance companies to gather information in public, but you still have rights:

• You have the right to privacy in your home.
• You are not required to speak directly with an insurance investigator.
• You do not have to accept surveillance footage at face value.
• You have the right to legal representation, and we strongly recommend it.

If you suspect you’re being watched, or if you’ve already been shown photos or video during your claim, call Hansford McDaniel immediately. Our workers’ compensation lawyers will assess whether the surveillance was conducted lawfully and prepare a strong response on your behalf.

What Should You Do If You’re Being Surveilled?

The best course of action is to continue following your doctor’s orders and avoid any activity that contradicts your medical restrictions. Here are a few tips:

• Stick to your treatment plan. Attend all appointments and follow rehab protocols closely.
• Avoid risky physical activities. Even if you feel okay, avoid lifting, bending, or pushing beyond what your doctor allows.
• Watch what you post online. Social media can be used against you, even if a post is taken out of context.
• Keep detailed medical records. Documentation is your best defense.
• Talk to your attorney. If you feel something’s off, let us know. We can guide you through the situation.

The worst thing you can do is ignore it or try to “tough it out.” Surveillance is designed to discredit you; don’t give them ammunition. Pushing through pain or ignoring your doctor’s restrictions, even for something minor like lifting groceries or mowing the lawn, can be taken out of context and used to argue that your injuries aren’t as serious as claimed. Always follow your prescribed treatment plan and notify your attorney if you suspect you’re being monitored.

How Hansford McDaniel – Workers’ Compensation Attorneys Can Help

Our firm has years of experience protecting injured workers across Georgia, and we are familiar with the strategies insurance companies employ. When surveillance enters the picture, we act quickly to:

• Review all footage or reports used against you.
• Challenge any misleading or out-of-context evidence.
• Coordinate with your doctors to clarify any physical restrictions and monitor your progress.
• Ensure your rights are respected throughout the investigation.
• Build a clear, documented narrative that supports your claim.

Our team understands that surveillance can feel invasive and intimidating. But with our help, you don’t have to face it alone. We’ve secured fair settlements for clients in complex cases, even those where insurance companies tried to discredit them with shaky evidence.

Surveillance Isn’t the End of the Road

It’s important to remember that surveillance is just one tactic, and it doesn’t mean your claim is doomed. Video of you walking to your mailbox or picking up a bag of groceries doesn’t automatically disprove your injury. People have good days and bad days. Pain fluctuates. Healing isn’t linear.

What matters is the overall picture: your medical documentation, your doctors’ evaluations, your honest testimony, and how your injury truly impacts your ability to work. At Hansford McDaniel, we make sure that the picture is clear, consistent, and impossible to ignore.

Don’t let surveillance tactics shake your confidence or threaten your rightful compensation. Hansford McDaniel – Workers’ Compenswation Attorneys is here to protect your rights, hold insurers accountable, and help you move forward after a workplace injury.

If you’re concerned about being watched or have already encountered surveillance in your case, contact us today for a free consultation. We’ll help you understand your options and fight for the benefits you deserve.