Surveillance: How You Can Lose Your Long Term Disability Compensation

How 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.

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Social Media and ICBC | Tim Louis & Company Law in Vancouver

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

investigating As 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:

Search 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 surveillance In 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:

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.
Avoid engaging in any activities that the defense could distort or twist in order to claim that you are misrepresenting your medical situation.
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.
Do not accept any friend requests from anyone you do not personally know.
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.
Ethical rules concerning your lawsuit prohibit you and your attorney from removing, deleting, concealing or withholding any information you may have already posted.
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.