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Workers' Comp and Social Media: How Your Online Presence Can Affect Your Claim in New York


In an era dominated by social media, the way individuals present themselves online can have far-reaching consequences, including those related to workers' compensation claims. At Schotter Millican, LLP, we recognize the significance of the online presence of claimants and the potential impact it can have on their cases. This blog post delves into how your social media activity can influence your workers' comp claim in New York.

The Intersection of Social Media and Workers' Comp

Social media platforms have become integral to our daily lives, offering a way to connect, share, and express ourselves. However, regarding workers' compensation claims, your online content may not always work in your favor. Insurance companies and employers often scour social media profiles to gather information that could be used to dispute the validity of a claim.

The Dangers of Oversharing

One common pitfalls individuals encounter is oversharing on social media during a workers' comp claim. Posting pictures or updates that contradict the severity of your claimed injuries can harm your case. For instance, if you assert a debilitating back injury and then share photos of yourself engaging in physically demanding activities, it can cast doubt on the legitimacy of your claim.

Surveillance and Investigations

Insurance companies may resort to surveillance to validate or invalidate a claim. Social media provides an accessible platform for them to monitor claimants without their knowledge. Even innocuous activities showcased on your profiles can be used against you to undermine your case. It is essential to be mindful of the content you share during the entire claims process.

The Importance of Privacy Settings

Understanding the importance of privacy settings on social media platforms is crucial. Adjusting your settings to limit access to your profiles can help protect the information you share from being misused. While privacy settings can provide a layer of defense, it's essential to remember that nothing online is entirely private. Exercise caution and consider the potential implications of your online activity on your workers' comp claim.

Social Media Investigations in New York

In New York, workers' compensation cases may be subject to heightened scrutiny regarding social media. Investigators may specifically target online platforms to gather evidence against a claim. As a result, it becomes imperative for claimants to be vigilant about their online presence and the information they make accessible to the public.

Legal Implications of Social Media Activity

Social media content can have legal implications in workers' compensation cases. In New York, if the information obtained from social media raises questions about the validity of a claim, it can be used as evidence in hearings. Claimants should be aware that their online activity may affect the outcome of their case and become a focal point during legal proceedings.

Navigating the intersection of social media and workers' compensation claims in New York requires a heightened awareness of the potential consequences of online activity. At Schotter Millican, LLP, we emphasize the importance of exercising caution when sharing information online during the claims process. Understanding the impact of social media and taking steps to protect your online presence can play a crucial role in the success of your workers' comp claim.

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