You’re hospitalized after a workplace accident. While resting, you write up a Facebook post letting your friends and family know what happened and how you’re recovering. What you might not realize is that there’s a very good reason why you shouldn’t use social media during a workers’ comp claim.
Your Own Words Against You
When you post on social media during a workers’ comp claim, anything you post could be used against you. For example, say your leg was injured and you have difficulty walking. However, while you are off work for the injury, you post a picture and respond to a comment from a friend to say that you’re doing better and have no issues with your injured leg. The insurance company or your employer might use that comment to claim your injuries aren’t as bad as they seem.
Once you post anything related to your workers’ comp case on social media, your employer and the insurance company may seek a court order for full access to your private account (including your comments and private messages). Therefore, the best thing you can do is not mention anything about your injury on social media until your case is settled.
Looking For Anything
Keep in mind that the insurance company and your employer could be looking for anything to undermine your claim, even public posts from your friends and family. For that reason, it’s typically best to refrain from posting to social media altogether and to avoid putting yourself in situations that could undermine your claim.
For example, say you hurt your leg, and your significant other tags you dancing at a party months later. The insurance company may try to use that against you. They are looking for anything that might undermine the severity of your injuries, even if that video was taken before your workplace injury.
A former client of ours had their Facebook account used against them by the insurance company, costing the former client thousands of dollars in benefits. In that case, the client alleged they could not return to work due to the work injury; however, recent Facebook posts showed the client bragging about lifting heavy weights at the gym using the injured body parts.
Further, the appellate courts in Kentucky have held that comments and posts made on Facebook by an injured work are admissible as evidence in a workers’ compensation claim. It is not hard for an insurance adjuster or investigator to search Facebook or other social media platforms to see what you are posting.
With so much on the line, it’s crucial that you stay off social media throughout your workers’ comp claim. In many cases, the insurance company is working hard to find ways to either deny your claim or limit the amount of benefits it has to pay you. Don’t make its job any easier. That is why we always advise our clients to avoid using social media during the pendency of their claim.
Moreover, consider contacting an experienced workers’ compensation attorney who can help you earn the full recovery you deserve while protecting you from the insurance company and your employer.
To schedule a free case consultation with an experienced Kentucky workers’ comp attorney who will work tirelessly on your behalf, don’t hesitate to send us an email or call (270) 423-0023.