April 1, 2020

Defense Lawyers Scour Social Media for Evidence to Challenge Your Claim

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I have written before about the danger associated with keeping your social media profiles active while you are pursuing workers’ compensation benefits. Comments, posts, tweets and especially photos can and will be used against you.

Perhaps you decided to change your Facebook profile picture and you chose a photo taken the year before your work injury. What if an old friend makes reference to a “camping trip” but does not provide any context as to the date or duration.

Whatever the circumstances, you can be sure that insurance adjusters and defense counsel will be looking for information on your social media profiles to weaken your case. Even if anything they find ends up meaning nothing, you will find yourself on the defensive answering questions and dealing with the implication that you are hiding something.

And you can be sure that defense counsel are checking. Online investigation firms actively promote their services to defense counsel. Take a look at this web site from one of these online firms – they offer to provide “a continuous and ongoing monitoring of an individual’s social media updates and posts. For the first time, the claims handler (i.e., the adjuster or defense lawyer) is empowered to make proactive decisions based on real time social media data.”

The bottom line here is that nothing good can come from maintaining your social media accounts when you are pursuing a workers’ compensation case. As much as you may enjoy spending time on Facebook, YouTube, Twitter, LinkedIn, Instagram or any other social media platform, you should stay away until your case concludes.

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Jodi Ginsberg

Attorney Jodi Ginsberg represents employees who are injured on the job and who need medical care and missed wage benefits available under Georgia's workers' compensation laws.

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