Key Takeaways
- Insurance companies may legally hire private investigators to monitor you when filing Florida work injury claims
- Surveillance can include videos, photos, and social media monitoring
- Florida law allows surveillance evidence in workers’ comp cases
- Being honest and consistent with your claim is the best defense
- A Florida workers’ comp attorney can protect you from tactics to discredit your injury.
It might sound like something out of a detective novel or a suspense movie. Still, for many injured workers in Florida, being followed by a private investigator is more fact than fiction. Imagine this: you step outside to grab your mail or attend a child’s soccer game. Unbeknownst to you, someone across the street sits in a car, camera in hand, documenting your every move.
Why would someone go to such lengths? Because you filed a workers’ compensation claim. Insurance companies often hire private investigators to find evidence that could be used to dispute or deny benefits. But is it legal? How far can they go? And what should you do if you suspect you’re under surveillance?
At Sternberg | Forsythe, P.A., we’ve seen it all—and our workers’ compensation lawyers are here to help you understand your rights and stay protected.
Why Private Investigators Are Hired When Filing Florida Work Injury Claims
When you file a workplace injury claim, you ask an insurance company to pay benefits. Their goal, however, is to minimize payouts and reduce fraud. One of their tools is hiring a private investigator to see if your activities contradict your reported injuries.
Private investigators look for inconsistencies. If someone claiming a serious back injury is caught on camera lifting groceries or playing basketball, that video could be used as evidence to deny benefits. Even mundane activities, taken out of context, can raise red flags.
Insurance companies justify this surveillance as a fraud-prevention measure. According to the Florida Department of Financial Services, workers’ compensation fraud can result in fines, penalties, and criminal charges. But the reality is that most injured workers are not trying to scam the system—they’re trying to recover and make ends meet.
What Types of Surveillance Are Used?
Private investigators use a range of tactics to gather evidence:
- Video and Photographic Surveillance: This is the most common method. Investigators may park near your home, follow you to appointments, or observe you in public areas.
- Social Media Monitoring: Public posts can be easily accessed and used to challenge your claim. Even photos posted by friends where you are tagged can be considered fair game.
- Online Searches: Investigators may examine your online activity, including business listings, YouTube videos, or reviews that suggest you’re working or physically active.
- Interviews with Neighbors or Colleagues: Though less common, some investigators talk to people around you to learn more about your routine or activities.
Is It Legal in Florida?
Yes, private surveillance is legal in Florida—as long as it’s conducted in public spaces without reasonable expectation of privacy. Under Florida Statutes § 440.09, employers and insurance carriers can investigate claims to verify their legitimacy.
However, investigators cannot enter your home, tap your phone, or trespass on private property. Any surveillance that violates your constitutional right to privacy can be challenged in court.
Surveillance footage is admissible in workers’ compensation hearings under Florida Administrative Code Rule 60Q-6.114 when legally obtained. This makes it critical for injured workers to stay consistent in their medical reports, avoid exaggerating injuries, and consult a qualified Florida work injury attorney if they believe surveillance is being used against them.
How a Florida Workers’ Comp Attorney Can Help
If you’ve filed a claim, hiring a workers’ compensation lawyer in Florida early in the process can offer protection and peace of mind.
Here’s how a lawyer can help:
- Review and Prepare Your Case: A workplace accident lawyer in Florida can help ensure that all medical records, witness statements, and personal reports are consistent and truthful.
- Challenge Improper Surveillance: If surveillance crosses legal lines, your attorney can file motions to suppress it.
- Protect Your Reputation: Even harmless activities can look suspicious on video. A Florida workers’ comp attorney can contextualize evidence to avoid unfair denials.
- Handle Appeals and Hearings: If your claim is denied due to surveillance footage, your attorney can guide you through the appeals process.
Common Mistakes That Can Trigger Surveillance
Many workers make innocent errors that can raise suspicions. These include:
- Exaggerating symptoms to doctors – Medical professionals may document discrepancies.
- Posting on social media – Even a smiling photo can be misinterpreted.
- Engaging in physical tasks – Lifting, bending, or recreational activities may be misused as evidence.
The safest approach is to follow all medical advice, be honest about your limitations, and avoid discussing your case publicly or online.
Florida Workers’ Compensation Laws and Fraud Statistics
Florida takes workers’ compensation fraud seriously. According to the Florida Division of Investigative and Forensic Services, 567 workers’ comp fraud cases were opened in 2022, resulting in 195 arrests and over $9 million in restitution ordered.
However, fraud isn’t limited to claimants. Employers have also been caught underreporting payroll or misclassifying workers to avoid premiums. The law applies both ways.
Under Florida Statutes § 440.105, making false or misleading statements to obtain benefits can result in a third-degree felony charge, punishable by up to five years in prison and a $5,000 fine.
That’s why transparency and legal guidance are so important.
FAQ: Private Surveillance and Your Workers’ Comp Claim
Can a private investigator legally follow me in Florida?
Yes. As long as they stay in public spaces and don’t trespass or harass you, it’s legal. They can observe and record your actions in parks, stores, parking lots, and even from the street outside your home.
Can I sue if I’m being followed?
Not usually—unless the investigator breaks the law by trespassing, threatening you, or violating your privacy. If you believe your rights are being violated, immediately speak with a Florida workers’ comp attorney.
Should I stop all physical activity while on workers’ comp?
Not necessarily. You should follow your doctor’s recommendations. Light movement or activity prescribed as part of recovery is okay. Just avoid doing anything inconsistent with your medical restrictions.
Can they monitor my social media?
Yes. Anything posted publicly, even by friends or family, can be reviewed. Avoid posting or engaging in content that could be misconstrued.
How can I protect myself?
Be honest about your injury, follow medical advice, keep your activities consistent with your restrictions, and consult a workers’ compensation lawyer in Florida if you have concerns about surveillance.
Stay Informed, Stay Protected After Filing Florida Work Injury Claims
Being followed or watched after a workplace injury can feel unsettling, but knowing your rights is the first step to protecting yourself. Insurance companies are within their legal rights to use surveillance, but that doesn’t mean they’ll always interpret what they see fairly.
The most effective defense is simple: be honest, consistent, and cautious. Don’t give insurers the opportunity to twist your story or challenge your integrity.
If you believe surveillance may impact your claim or you’re unsure how to move forward, reach out to Sternberg | Forsythe, P.A. Our experienced team of workplace accident lawyers in Florida is here to help you understand your rights, navigate the process, and fight for the compensation you deserve.
Don’t let fear or suspicion derail your recovery. Let us stand between you and the tactics meant to undermine your claim.