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Can Social Media Hurt My Workers’ Compensation Claim?

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For many, social media is a nearly indispensable part of modern life. Most people are active on one or more platforms, and according to Statista, Facebook alone is expected to have over 260 million users in the U.S. in 2027. People enjoy posting photographs and details about their lives while also keeping up with what’s happening in the lives of their friends and acquaintances. However, you might have heard that sharing things online can get you in trouble when pursuing workers’ compensation benefits. Maybe you’re wondering, “Can social media hurt my workers’ compensation claim?” Scroll down to learn about the potential problems that can arise when you mix social media with a legal claim.

Can Social Media Hurt My Workers’ Compensation Claim?

While posting information about your life on social media might feel innocuous, your posts can potentially harm your case.

Can social media hurt my workers’ compensation claim?
Yes, undoubtedly.

The following are just a few of the ways that social media might harm your claim and your ability to recover the compensation you deserve:

The Insurance Company Will Use Your Posts Against You

Insurance companies are well aware that people tend to post intimate details about their lives on social media and typically pore through claimants’ posts to find something they can use to defend against claims. Anything you post can be used as evidence against you by the workers’ compensation insurer. Even things your friends post about you and tag you in can be used as evidence. For example, if you are claiming workers’ compensation for a leg injury you suffered at work but are tagged in a photograph of a recent hike you went on with friends, the photo may be used as evidence that you are malingering.

Insurance Companies Have Investigators

Insurance investigators are trained to look for evidence that claimants are engaging in fraudulent claims. They look for anything that might indicate your claim might not be valid. You might think that changing your privacy settings on your social media accounts will protect you. However, investigators can look for other ways to get around your settings. When an investigator finds anything that might slightly indicate your injuries are not as severe as you claim, they will use it to try to argue against your claim.

What Not to Do

Avoid doing any of the following when you have filed a workers’ compensation claim:

  • Posting pictures of you engaging in any type of physical activity
  • Making posts describing your workplace accident and injuries
  • Posting photographs of being on vacation while you are out of work because of your injuries

These types of posts can significantly harm your claim and your ability to recover benefits. It’s best for you to try to avoid social media completely during your recovery.

What If the Insurance Company Has Already Gathered Social Media Evidence?

If the insurance company has already gathered social media evidence to use against you, you should consult an experienced workers’ compensation attorney immediately. A competent lawyer can evaluate your case and help you understand how to fight against any evidence your employer’s workers’ compensation insurer has gathered to use against you.

In the meantime, change your privacy settings on all of your social media accounts so that they can’t be accessed by others. Going forward, stay off of social media. While your past posts might harm your claim, your attorney will work to build the strongest possible case for you by gathering as much medical evidence as possible.

Schedule a Consultation with a Workers’ Compensation Attorney

If you were injured in a workplace accident, you should talk to an experienced attorney at the Law Offices of Bryan Musgrave as soon as possible. Our attorneys can help you with all aspects of your claim and help you avoid making critical errors. Call us today to request a free case evaluation at 417-322-2222 (Springfield) or 417-624-4258 (Joplin). You can also contact us online.

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