My employer’s insurance company has hired an investigator to try to disprove my Tennessee workers’ compensation claim. I have seen him outside my house and he even followed me to the store. Is this legal? What should I do?

Yes, this is legal and hiring a private investigator to check up on workers’ comp claims is a fairly common practice. However, it can be very upsetting to look outside and see a man with a video camera pointed at your house. And sometimes these investigators will go too far.

Generally, an investigator is hired to:

Check your records to see if you are committing fraud by, for example, working at a job that doesn’t require you to pay taxes.
Complete a day or two of surveillance of your activities. He is looking for suspicious behavior that might indicate that you are faking your injury. Even lighting the grill in the back yard can be made to look suspicious.
Install a hidden camera outside your house to record any time you enter or exit.
Follow you to and from doctor’s appointments to observe your behavior before and after.
While not too ethically pure, it is legal for an investigator to set a “trap” for you. For instance, he may put a wallet by your mailbox to see if you bend over to get it if you have claimed to be unable to do so.

Assuming your claim is fair, an investigator is unlikely to uncover anything that could be used against you. However, you should be aware that not all investigators play fair. You should always be vigilant as you go about your daily routine. And, if there is the slightest doubt in your mind that the PI’s actions aren’t legal, contact a good Memphis workers’ comp lawyer right away.

The Memphis law firm of Bailey & Greer understands Tennessee workers’ compensation laws and will fight to uphold your rights. If you have any questions or want to fight a claim denial, call us toll free-today at 888-470-9143. Don’t wait until it is too late.