Surveillance can be performed at any time during your workers’ compensation claim. It is often ordered after you report an injury and are in the process of filing and litigating a Claim Petition to receive workers’ compensation benefits. It is also conducted after you receive benefits to support a petition to reduce or stop your benefits or in conjunction with scheduling an independent medical examination.

You may be observed working in your home garden, cutting the lawn, driving to do your errands, or going to your doctor’s or attorney’s office. We have even seen surveillance of injured workers going to church on Sunday.

Usually, your attorney finds out about surveillance when he or she receives a DVD and written report of your activities prepared by a private investigator. Sometimes you may notice suspicious activities, such as a vehicle with dark windows parked outside your home or a van or car following you. If the private investigator is good, he or she will not be noticed by you while performing surveillance.

There is one rule to follow to ensure that any surveillance of you will not jeopardize your workers’ compensation benefits. Do not do anything beyond your doctor’s restrictions. If your physician has told you that walking short distances will help your medical condition or that you can try light gardening, then you should not worry about whether or not someone is conducting surveillance. On the other hand, if your physician has set restrictions of no repetitive use of your arm, no lifting over five pounds and no use of ladders, it would be silly (and dangerous) for you to carry a 30 pound box of roofing tiles up a ladder to your roof and start swinging a hammer.