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LTD Surveillance in BC

“Why do I feel watched?”

LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself

By Tim Louis, Long-Term Disability Lawyer, Vancouver

If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can be unnerving. I’ve sat with many clients who whisper about ordinary moments—getting the mail, buying groceries—because they worry a short clip could be used to say, “See? You’re fine.”

You deserve dignity while you heal. My job is to keep this human and clear. I’ll show you what insurers can and can’t do, and the simple steps that protect your privacy and your claim. No drama. No jargon. Just calm, practical guidance.

If you’re here because someone mentioned “surveillance,” or an adjuster hinted at a “home visit,” you’re not alone. Let’s slow this down, get the facts straight, and make a plan you can live with.

Surveillance while on LTD

What surveillance actually looks like in LTD claims (BC & Canada)

  • A car parked near your home filming from the street or a public lot
  • Someone following at a distance in public places (sidewalks, parks, shops)
  • Still photos or short clips of errands and brief activities
  • Social media monitoring of public posts, tags, and location check-ins
  • Occasional “home visit” or field interview request from an insurer representative

Why do they do it?

Insurers use surveillance as a credibility check—comparing short snapshots of your day to what’s written in the file. The problem is that a clip rarely shows pain, help from others, or the crash that follows.

Surveillance during an LTD claim is generally lawful in public places in BC, but not inside your home or other private spaces. If you think you’re being filmed, don’t confront anyone. Note the date, time, and location; keep living within your provider-advised limits; and save any insurer letters. If footage is later raised, you can request copies and respond in writing.

What’s legal vs. over the line 

Surveillance around LTD claims sits inside BC’s privacy rules. In short: public places are fair game; private spaces are not. Your home is your refuge.

Generally allowed

  • Filming from public spaces (streets, parks, store parking lots).
  • Viewing public social posts you (or friends) have made visible.
  • Observing comings and goings without blocking you or engaging.

Not OK

  • Trespassing or filming inside your home (windows, porch, backyard beyond what’s plainly visible from the street).
  • Listening devices or recording private conversations.
  • Coercing passwords or demanding “full access” to private accounts. You never have to share passwords.

BC note: Our rules flow from PIPA (Personal Information Protection Act) and are overseen by OIPC BC. If something feels intrusive, say you’ll respond in writing and ask for the request to be put in writing. You’re entitled to a reasonable expectation of privacy in your home and other private spaces.

Social media: the clip that doesn’t show your pain

A smiling photo doesn’t show the crash that followed. Social posts capture good moments, not the hours you paid for later. Insurers know this—and still try to use posts as “gotcha” material. Canadian cases increasingly treat social content as evidence, and law firms (including Cuming & Gillespie LLP) have written about how posts can be misread in injury and disability matters. Context matters.

Practical risks

  • Old photos resurface and look recent.
  • Good-moment bias: a single upbeat post hides the recovery that followed.
  • Tags & check-ins you didn’t initiate.
  • Location data that paints the wrong picture.

Simple privacy tune-up (5 minutes)

  1. Set accounts to private. Review your followers.
  2. Turn off location and auto-tagging. Ask friends not to tag you.
  3. Check past posts. Remove anything misleading or add a caption with date/context (e.g., “2019 photo; needed help after 10 minutes”).
  4. Avoid “performance posts.” Don’t measure steps, distances, or chores online.
  5. Never share passwords with an insurer or investigator.

If an adjuster cites a post

  • Ask for a screenshot with date/time and where they found it.
  • Provide your context in writing (help you had, duration, pain flare after).
  • Ask your doctor for a short note restating functional limits to put the post in perspective.

You don’t need to disappear from the internet—you just need your online life to reflect your real limits, not a highlight reel.

surveillance on social media

Home visits & field interviews — do I have to let them in?

Short answer: no. You don’t have to invite an insurer or investigator into your home. If you’re uncomfortable, you can offer a neutral meeting place, a short phone/video call, or written questions with a reasonable deadline. Ask for the request in writing first—who’s attending, why, what topics, how long, and whether it will be recorded.

Why I’m cautious about home visits

Your living space can be misread. A tidy kitchen can be spun as “fully functional.” A brief walk to the door can be framed as “no mobility limits.” You’re allowed to set boundaries that protect your privacy and keep the focus on your actual medical limits.

How to handle a request (calm and firm):

  • “Please send your questions and the purpose of the meeting in writing.”
  • Offer alternatives: 10–15 min phone/video or written Q&A.
  • Keep it short and on topic; you can have a support person with you.
  • Take your time answering; do not demonstrate tasks or push past your limits.
  • Afterward, write down what was asked and how long it lasted.

Do I have to let them in? No. Offer an alternative and ask for everything in writing.

Can I record? Ask for permission or take careful notes.

What if they show up unannounced? You can decline at the door and request a written appointment.

If you’ve received a home-visit or field-interview notice, let’s review it together and set clear, respectful boundaries before you respond.

Talk to Tim Louis & Company today
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com

We’ll help you choose the safest option and keep your claim on steady ground.

How surveillance is used against you — and how we put it back in context

A 20-second clip can’t show a full day. It doesn’t show the help you needed to get ready, the breaks you took, or the pain that hit you later. I’ve seen short videos turned into big claims about “ability.” Our job is to slow that down and put the whole story back on the page.

If an adjuster cites footage, take these steps (calm and in writing):

  • Ask for everything: the video, still photos, dates and times, location, and the investigator’s report/log.
  • Use this line: “Please send me copies of all surveillance materials, including dates/times and the investigator report.”
  • Add the context the camera missed: how long you were active, who helped, mobility aids used, breaks taken, and what the flare looked like afterward (pain, fatigue, recovery time, medication).
  • Ask your doctor (or therapist) for a short note that restates your functional limits (e.g., standing 5–10 minutes, lifting <5 kg, needs rest after light activity).
  • Keep copies of all emails/letters and note every call (date, time, who you spoke with).

If you’ve been told “we have surveillance,” don’t panic and don’t argue on the phone. Send the short request above, then reach out and I’ll guide you step by step.

Stay honest, consistent, and protected

Start by living within the limits your care team has set and make a simple daily record. Two lines are enough. Write what you did and how you felt afterward, for example “Walked to mailbox for five minutes. Needed to rest for twenty minutes with increased pain.”

If you notice someone filming, do not confront them. Make a note of the date, time, and location, then continue your day within your medical limits. Your calm record will matter more than any brief clip.

Tidy your online presence so it matches real life. Set profiles to private, turn off location sharing and auto-tagging, and add dates or context to older photos if you keep them.

Save every letter and email from the insurer and try to keep your replies short and in writing. You can use a simple line such as “Please confirm in writing and I will respond by [date].”

Ask your doctor or therapist for short, plain-language notes that restate your functional limits. A sentence or two about standing time, lifting limits, or the need for breaks can put any video or social post back in proper context.

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Quick Answers

Can they film me in public? Sometimes, yes—on sidewalks, in parks, or parking lots. They cannot film inside your home or other private spaces. Do I have to allow a home visit? No. You can offer a brief phone or video call or ask for written questions and respond in writing. Can they use my Facebook posts? Public posts can be reviewed, but they often lack context. Keep accounts private and add dates or clarifying captions to old photos. What if there’s video of me walking? Ask for the footage, dates, times, and the investigator’s report. Add your context (help needed, duration, pain after) and ask your doctor for a short note confirming your functional limits.

When to call Tim Louis

Call if you’ve received a denial or cut-off letter, if anyone mentions surveillance, if you’re asked to schedule a home visit or field interview, or if you get an IME notice. We’ll review your policy, request the file materials, and prepare a calm, written response that keeps the focus on your real limits and medical evidence. Talk to Tim Louis & Company 📞 (604) 732-7678 📧 timlouis@timlouislaw.com Start here: /long-term-disability-lawyer-vancouver-bc/
I’m Tim Louis. If you’re on long-term disability and worried about surveillance, here’s what matters: In BC, filming in public places can be lawful, but not inside your home or other private spaces. Treat social media carefully—keep accounts private, avoid location tags, and add dates or context to old photos. You never have to allow a home visit; ask for a short call or written questions instead. If an adjuster mentions video, request copies with dates, times, and the investigator’s report. Before you respond, call me at (604) 732-7678 or email timlouis@timlouislaw.com.

FAQs: quick, clear answers for BC LTD surveillance

Can an insurer film me in public?
Sometimes. In BC, filming from public places can be lawful. They can’t film inside your home or other private spaces. If you notice filming, don’t confront anyone. Note the date, time, and location, then continue within your medical limits.

Do I have to allow a home visit?
No. You can decline and offer a short phone or video call or ask for written questions. Request the purpose, attendees, topics, and timing in writing before you agree to anything.

Can they use my Facebook or Instagram against me?
Public posts may be reviewed, but they often lack context. Keep accounts private, turn off location tags, and add dates or context to old photos so your online life reflects your real limits.

What should I do if an adjuster says they have video?
Ask for copies of all materials with dates and times, plus the investigator’s report or log. Add your context in writing—help received, duration, breaks, and the flare that followed—and ask your doctor for a short note restating functional limits.

Does surveillance mean my claim will be denied?
Not by itself. It’s one piece of evidence. Short clips can be misleading; we respond by grounding everything in your medical records, daily notes, and provider guidance.

How long will they watch me?
It varies. Surveillance is usually short bursts over a few days. Keep living within your provider-advised limits and documenting your reality. Consistency is your best protection.

Can I record calls with the insurer?
Take careful notes and confirm important points by email. If you plan to record, say so and get consent. Written follow-up is often the safest way to avoid misunderstanding.

Can they follow me into clinics or private places?
No. Your reasonable expectation of privacy applies in private spaces. If something feels intrusive, ask for the request in writing and seek advice before responding.

Should I delete old posts?
Deleting can raise questions. Better: set accounts to private, turn off tagging, and add date/context captions. Ask friends not to tag you without checking first.

What if the video shows me walking or lifting once?
A single moment doesn’t reflect your day. Request the footage and report, then explain duration, help required, and after-effects. Ask your doctor for a brief note confirming your restrictions.

Do I need to tell my doctor about surveillance?
Yes. Share any footage references or letters. Your provider’s clear, plain-language note about functional limits helps put clips in context.

Can surveillance lead to an IME?
Sometimes. If you receive an IME notice, call before you respond. We’ll review the letter, your policy, and your medical records, then prepare you with a simple plan.

 

Conclusion & next steps

Feeling watched is stressful. You deserve dignity while you heal, and you don’t have to handle this alone. If surveillance, a home-visit request, or an IME is on your mind, let’s look at it together and respond calmly, in writing, with your medical story front and centre.

Talk to Tim Louis & Company
📞 (604) 732-7678
📧 timlouis@timlouislaw.com
🌐 www.timlouislaw.com
Start here: /long-term-disability-lawyer-vancouver-bc/

Further Reading

OIPC BC — Guidelines for Overt Video Surveillance (Private Sector)
Clear, practical rules on when private-sector surveillance is acceptable in BC and how necessity must be balanced with privacy.
https://www.oipc.bc.ca/guidance-documents/1453

BC Laws — Personal Information Protection Act (PIPA)
The statute that governs how private organisations in BC may collect, use, and disclose personal information.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_03063_01

OIPC BC — Guidance & Resources Hub
Index of the Commissioner’s guidance documents (surveillance, complaints, and more) for quick reference.
https://www.oipc.bc.ca/resources/guidance-documents/

BC Government — PIPA Guide (PDF)
Plain-language overview of your rights and how to raise concerns under PIPA.
https://www2.gov.bc.ca/assets/gov/business/business-management/protecting-personal-information/pipa-guide.pdf

OIPC BC — How to Make a Privacy Complaint
Steps to file a privacy complaint if surveillance or information handling seems offside.
https://www.oipc.bc.ca/for-the-public/how-do-i-make-a-complaint/

Tim Louis & Company — Vancouver Long-Term Disability Lawyer
Start here if you’ve had a denial, a home-visit request, or talk of surveillance. We’ll respond calmly and in writing.
https://timlouislaw.com/long-term-disability-lawyer-vancouver-bc/

Tim’s LTD Insights Hub
Human-first articles and checklists for people navigating disability claims in BC.
https://longtermdisabilityinsights.com/

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Surveillance: How You Can Lose Your Long Term Disability Compensation

long term disability surveillanceHow You Can Lose Your Long Term Disability Compensation

Have you applied for Long Term Disability coverage and have the feeling you are being followed while out in public?

If you have submitted an application for disability or are collecting disability compensation, your intuition may be accurate, as there is a good chance an insurer has hired a professional private investigator to conduct surveillance on you, seeking an excuse to save money and attempt to deny your claim.

Insurance companies, like all businesses, are profit-based and lose money if they approve too many claims — so it is in their best interest to prove that you can work without the need to receive compensation for your reported medical condition.

Disability claims are on the rise, and surveillance is an efficient way for insurance companies to gather evidence against you – intending to prove that you are fully capable of fulfilling your job duties and do not require financial support.

Surveillance May Work Against You

Insurance companies may hire a private Investigator, follow you, or set up surveillance in front of your home to observe your daily activities.

Suppose you applied for Long Term Disability due to back pain and then observed via surveillance moving or twisting your body in a way that contradicts what you detailed in your claim. In that case, your credibility may be diminished and lead to a denial of your Long Term Disability insurance benefits claim.

Be Specific On Your Application for Long Term Disability Compensation

Detailing your injuries and being specific about your abilities on your Long Term Disability application is essential. Provide context and be mindful about anything observed via surveillance that may be used against you.

Such that if you are observed merely walking down the street for a more extended period than you mentioned you were able to in your claim, you could be at risk of losing your Long Term Disability insurance coverage.

The same goes for mental health disability claims. For instance, if you claim that you are chronically depressed and unable to leave your home and then observed via surveillance leaving your home on a daily basis, you may be questioned and risk losing your coverage.

Why Surveillance is Not Reliable

Context is everything when it comes to surveillance with regards to Long Term Disability insurance claims. As mentioned in the example above, surveillance is not a reliable measure to understand one’s abilities.

Video evidence does not present the aftermath of the activity, such as the stiffness and pain you may experience immediately after or the next day resulting from specific activities such as reaching, carrying grocery bags, or shovelling snow.

Fighting Against Surveillance Evidence

  • Ensure that you are truthful regarding your disabilities and injuries from the start. Do not stretch the truth because you think it will be more believable.
  • Take extreme caution when posting on any social media channels. Any comments, videos, or images involving events, activities, sports, or vacations, can be used as evidence to affect your disability claim. Be mindful before you post.

Denied Long Term Disability Coverage? Hire an Experienced Lawyer

If you have Long Term Disability coverage, and if you’re suffering from a debilitating illness or injury, then you deserve compensation, and that’s where Tim Louis and Company can help.

When dealing with a Long Term Disability claim, it is essential that you have an experienced, reputable lawyer on your side that specializes in Long Term Disability cases.

Long Term Disability Lawyer Tim Louis has been representing those who suffer from LTD for over 25 years and has successfully sued some of the world’s largest insurance companies on behalf of deserving clients.

Contact Tim Louis and His Team Today

You owe it to yourself to explore your options. Contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com for a no-obligation consultation. We will make sure to evaluate your situation and advise the best possible options for your unique situation.

 

 

Client Reviews

Social Media and Your ICBC Claim

social media

Social Media and Your ICBC Claim

These days, who doesn’t have a social media account? While social media was once a place where college students kept each other updated on their day-to-day lives, now even grandparents are on Facebook. Many have become addicted to posting every aspect of their lives without thinking about who might view their social media activity.

Potential Damage to Your Personal Injury ICBC Claim

investigatingAs of 2010, ICBC set up their Special Investigations and Cyber Unit to help reduce potentially exaggerated or fraudulent claims.

If you have been injured in a vehicle accident, it’s safe to say that ICBC’s adjusters and investigators will be digging deeper into your background and accessing your Facebook, Twitter, Instagram and/or YouTube accounts. Any inconsistencies can hurt your credibility and claim. For instance, ICBC adjusters and investigators will examine what you are saying on social media to people treating you versus what you are saying to ICBC adjusters on record. Any inconsistencies between what you are saying to family and friends on social media versus what you are telling on ICBC will be examined.

This skilled team conducts deep searches on social media sites seeking photos and updates on individuals who claim that they have been unable to work due to their injuries, and then contradict their claim by posting photos or updates of themselves being physically active.

Best Ways to Protect Your Claim Via Social Media

The first step is to be aware – the next step is to take the provisions necessary to ensure you don’t damage your ICBC claim. We have compiled a list of tips to help ensure that you don’t potentially damage your ICBC claim. It’s always a good idea to contact your personal injury lawyer who will provide you with tips:

  • googleSearch your name in Google for anything you feel ICBC may use against your claim.
  • Applying strict privacy settings to your social media account will not necessarily keep your account private and inaccessible to outsiders. It is a fact that ICBC can gain access to private social media accounts by court order.
  • Be aware when posting on any social media platform. Understandably, you want to share positive moments in your daily life with family and friends – however take great care in realizing that once ICBC has gained access to your private accounts, anything they deem to be inconsistent with your claim may be used against you in court.
  • Some people do not realize that Facebook owns Instagram. Ensure that you go through both accounts and delete any content that may be deemed harmful to your ICBC case (contact your lawyer before deleting photos or content).
  • Do not accept friend requests from people you do not know.
  • Do not post any personal thoughts, conversations, information or any photos in relation to your case.
  • Keep your family and friends in the loop and ask them not to post or tag you in any photos.
  • You should obtain legal advice before deactivating or deleting your Facebook account as ICBC may accuse you of destroying relevant evidence.

Let An Experienced Personal Injury Lawyer Handle your ICBC Claim

If you have any questions or concerns about the use of social media in a personal injury claim, we have the expertise and knowledge necessary so you don’t have to worry about saying or doing anything that may jeopardize your claim. Contact our compassionate and experienced legal team at Tim Louis Law & Associates.

To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.

Sources:
https://www.icbc.com/about-icbc/Pages/fraud.aspx
https://www.straight.com/article-256851/tim-louis-beware-icbc-trolling-through-yourfacebook-photos

ICBC and social media surveillance

insurance surveillanceIn today’s world of Twitter, Facebook and other social media, more and more cases are being influenced at trial by client postings that give ICBC an unfair advantage. Being aware of this risk, I caution my clients to be extra careful when they post to any social media.

I thought I would share with you some great tips I came across the other day from James Publishing. The real value in these tips is that they give you very specific instructions. This will help you avoid giving ICBC gifts they don’t deserve.

Here are the tips:

  1. Keep an eye out for video operators, sitting in a vehicle or elsewhere, taking videos or photographs with a hand-held video camera or cell phone.
  2. Avoid engaging in any activities that the defense could distort or twist in order to claim that you are misrepresenting your medical situation.
  3. If you, or your family, use any social media sites, including Facebook, MySpace, Twitter, Instagram, LinkedIn, Caring Bridge, etc., you should immediately reset your profiles to the highest possible privacy settings. We can help in this regard if necessary.
  4. Do not accept any friend requests from anyone you do not personally know.
  5. Do not post anything about your case, your injuries, your personal thoughts, photographs or conversations with your attorneys on any social media site, or blog. The best practice, from this point forward, is not to post any information on social media websites.
  6. Ethical rules concerning your lawsuit prohibit you and your attorney from removing, deleting, concealing or withholding any information you may have already posted.
  7. If your close friends and family members post pictures or information about you, please make them aware of these guidelines and ask them to follow them.
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