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SOCIAL MEDIA AND YOUR WORKERS COMPENSATION CLAIM

PART ONE: HOW TO RUIN YOUR “COMP” CASE

By Robin Steele, Paralegal to RICHARD H. IRWIN

Workers’ Compensation insurance carriers often hire private investigators to determine whether you are as injured as badly as you claim to be. With social media sites like Facebook, defense attorneys often do not even need private investigators to try and turn a trier of fact against you. Here’s some ways you can ruin your “comp” (Worker’s Compensation) case through Facebook, Twitter or other social media platforms:

    1. Showing yourself dancing at the club or bar when you claim you are suffering debilitating pain – you may just be posing for a picture, but appearances are everything. Broadcasting your physical activity and how you are spending your time may undermine the credibility of your workers compensation claim, and may not properly convey just how disabling your condition may be.

    2. Talking about how much money you plan to get from the case and how you plan to spend it. – there is nothing wrong with wanting compensation for your injuries, but a trier of fact can often get a bad taste in their mouths when they hear about you wanting money.

    3. Posting about the litigation on Facebook, Twitter, a blog, or other social media tool. It is best not to post about the litigation on social media platforms. Remember your postings could be used in your case.

    4. Posting photos of you without your brace or cast on – this allows the defense access to more of your information on Facebook, Twitter, a blog or other social media tool. It is best not to post any photographs of you on any of the social media platforms. Remember that your postings could be used in your case. Even if your intention was to pose for a picture without the device because you prefer the way you look without it, doing so could be misinterpreted and affect the way the trier of fact ultimately views your injuries.

Stay tuned for our next article providing suggestions on how to protect your case and your privacy while participating in an ongoing Workers’ Compensation case.

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