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.
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.
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.
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.
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.
You don’t need to disappear from the internet—you just need your online life to reflect your real limits, not a highlight reel.
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.
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.
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
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📧 timlouis@timlouislaw.com
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We’ll help you choose the safest option and keep your claim on steady ground.
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):
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.
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.
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.
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/
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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