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Can My Privacy Be Protected When Filing a Workers’ Comp Claim?

Embarking on the journey of filing a workers’ compensation claim can be overwhelming, especially when dealing with the physical, emotional, and financial aftermath of a workplace injury, and don’t forget to know what your claim is worth. While the workers’ compensation system is designed to offer support and medical care for injured workers, there are situations where insurance companies may opt for discreet investigations. In this guide, we aim to shed light on these investigations, known as “sub rosa,” explore their purpose, and empower you with knowledge about your rights in the process.

Unraveling Sub Rosa Investigations

Sub rosa investigations, a specialized aspect of workers’ compensation claims, derive their name from the Latin phrase “sub rosa camera,” meaning “under the rose,” symbolizing confidentiality. In the workers’ compensation context, sub rosa investigations involve discreet or undercover examinations to gather information about a claimant’s activities, behaviors, and physical condition.

Understanding the Objectives of Sub Rosa Investigations:

The primary goals of sub rosa investigations include:

  • Identifying Fraud: Acting as a preventive tool to uncover and address potential fraudulent claims.
  • Assessing Injuries: Determining if a claimant’s injuries align with observed activities during the investigation.
  • Validating Claims: To ensure the accuracy and truthfulness of the information provided in a workers’ compensation claim.

Instances Triggering Sub Rosa Investigations:

These investigations are not a routine practice for every workers’ compensation claim. They are more likely to be initiated when:

  • Inconsistencies: Such as conflicting statements or questions surrounding the injury, prompting the need for clarification.
  • Extended Claims: When claims take a longer time to resolve, investigations may be conducted to verify the ongoing necessity of benefits.
  • Tips: Anonymous tips or reports from coworkers or neighbors may prompt investigations if they suggest activities inconsistent with claimed limitations.
  • High-Value Claims: Claims with substantial financial implications may undergo closer scrutiny to safeguard against unnecessary payouts.

Your Rights and the Legal Landscape

It’s crucial to be aware of your rights and the legal framework surrounding sub rosa investigations as a claimant. Despite the intrusive nature of these investigations, they must be conducted legally, respecting your rights. Here’s what you should know:

  • Privacy Rights: Your right to privacy remains intact, and surveillance should occur in public areas where privacy is not reasonably expected.
  • Disputing Findings: If inaccuracies arise from the surveillance, you have the right to dispute these findings with the assistance of your attorney. This way, you can avoid denial of your claim..
  • Access to Records: You have the right to request and access any surveillance records related to your claim, enabling you to build a strong case.

Common Surveillance Methods

Being aware of common surveillance methods can help you navigate the process more effectively:

  • Social Media Monitoring: Checking a claimant’s online presence for information contradicting the claim.
  • Vehicle Tracking: Using GPS devices on a claimant’s vehicle to monitor movements.
  • Video Surveillance: Recording daily activities using video cameras.
  • Photographic Surveillance: Taking photographs in various settings to document activities and physical condition.

Responding to Suspected Sub Rosa Investigations

If you suspect you are under sub rosa surveillance, remain composed and take these steps:

  • Follow Medical Recommendations: Adhere to your doctor’s advice for the sake of both recovery and claim validity.
  • Keeping Everything Documented: Keep a detailed journal of daily activities, changes in condition, and any observed activities.
  • Talk to Your Attorney: Inform your attorney promptly, who can guide you on the next steps and protect your rights.  Contact WorkerCompLa to connect with the best workers’ compensation lawyers.

Keep Informed and Empowered

Knowledge is key in navigating the workers’ compensation process and potential sub rosa investigations. Additional tips to stay informed and empowered include:

  • Stay Up to Date On Laws: Understand California’s workers’ compensation laws for informed decision-making.
  • Seek Help and Support: Connect with workers’ compensation advocacy groups for resources and guidance.
  • Take Care of Your Health: Focus on recovery and follow medical advice for a successful claim.

While sub rosa investigations may introduce complexity into the workers’ compensation process, they serve to maintain the system’s integrity. By being truthful, informed, and proactive, you can confidently navigate the process, prioritize your well-being, and protect your rights. If facing challenges or suspecting investigations, consulting with a workers’ compensation attorney ensures fair resolution and upholds your rights throughout the claim process.

To discuss a possible Workers’ Compensation Case or other Workers’ Compensation questions please call toll-free 1-877-292-4888 or visit or contact us here, to speak to an experienced trial attorney.