Filing for Workers' Compensation? Careful What You Post Online
Our Metro Detroit law office has handled thousands of Workers' Compensation cases. In many cases, the defense attorney hires a private investigator to follow the client during his day to day activities to see if the client is really injured. Often times the client is video taped. Since the internet has become more popular, Michigan defense attorneys are using the internet to see if the client is posting pictures or making statements that contradict the client’s injuries. Our Michigan Workers’ Compensation attorneys warn our clients all the time to be careful what activities you are doing because there is a very good chance someone is watching you.
If you have a computer and enjoy surfing the web, there is a good chance that you have a profile on Facebook, MySpace, Twitter or somewhere else on the hundreds of social media sites. These sites exist to help you connect with others, often for social purposes, and sometimes for business purposes.
How can an account at Facebook or many of these other sites hurt your workers’ compensation case? When you create a profile on Facebook, your account has a default privacy setting that offers no privacy. Anyone who has a Facebook account anywhere in the world can find your profile and read what you have posted, what others have posted on your “wall” and view photos that have been “tagged” with your name.
Defense lawyers, who represent the insurance companies are well aware of Facebook, and they are aware that many Facebook users may not be very savvy about changing privacy settings. Perhaps there is a photo of you attending a ball game or a family gathering. Maybe you work under the table and list your company in your profile or you write a post that you can not come over because you are working.
Photos and updates can easily be taken out of context. Even your frequency of posting can be used as evidence that you have the capacity to perform clerical type of work. Posts on Facebook and other social media sites can be used against you to put you on the defensive and as leverage to reduce the value of your case.
So, if you enjoy using Facebook or similar sites, take a few minutes to learn about the privacy settings. Block your profile to all, but known friends and avoid “friending” someone that you don’t really know. Also, do not post pictures of your self doing an activity that you are not supposed to be able to do.
Information provided by the Michigan Workers’ Compensation law firm Allan W. Ben, PC. Call us for a free initial consultation regarding your Workers' Compensation matter.
