Tried And True Attorneys Standing Up For The Injured Since 1965

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Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

The risks of social media use on workers’ comp claims

On Behalf of | Dec 7, 2023 | Workers' Compensation |

Social media has become a part of many people’s daily lives. But did you know that social media can also significantly affect your workers’ compensation claim?

From being too open about personal medical information to inadvertently posting evidence that could harm your claim, the wrong social media posts can hurt your chances of an approved claim. Or lead to your employer or insurer cutting off your benefits.

This blog will explore the potential risks and considerations of using social media while you have an active claim.

Social media mistakes that can get you in trouble

Your employer or your employer’s insurer might investigate you and your social media accounts following a claim. The following actions may lead to an employer or insurer denying your workers’ comp claims:

  • Oversharing personal information: You might share certain personal information that your employer or insurer could use to undermine your claim. For instance, you might post about your medical treatment or work schedule. This might look innocuous initially, but too much active sharing may convince your employer or insurer that you’re not as injured as you claim.
  • Accidentally posting material inconsistent with claims: Be careful about posting photos or videos on social media. For example, if you post a photo of yourself engaging in physical activity despite filing a claim for back injury, it could be used as evidence to suggest you’re not as injured as you claim to be.
  • Posting while under the influence: If you post while drunk or under the effects of an intoxicating substance, your employer or insurer could use the post as evidence that you’re not fit to work or that your illness or injury is related to substance abuse.
  • Posting about previous health issues: Avoid talking about your earlier injuries or illnesses on social media – especially the kind similar to the one you’re suffering due to a workplace incident. Your employer or insurer might connect your previous health issues to your current claim.

All employees should exercise caution when it comes to social media. It might be smart never to mention an injury until the treatments end.

Legal support

If you commit any of the mistakes above, or if your employer or insurer already denied the claim, a legal professional may still be able to help.

An attorney can challenge the admissibility of the evidence or highlight your employer’s lack of due diligence. Alternatively, an attorney can file a petition for reconsideration or continue negotiating a settlement.

Consider consulting an experienced attorney to learn your options, no matter how big of a social media mistake you’ve committed.