How to Deal with Surveillance by Insurance Companies in Pittsburgh Workers’ Comp Cases

It starts with a feeling you cannot quite shake. An unfamiliar car is parked down the street for hours. You see the same vehicle in the parking lot when you visit your doctor or the pharmacy. Maybe a stranger strikes up a conversation at the grocery store, asking questions that seem a little too personal. For an injured worker navigating the complexities of a workers’ compensation claim in Pittsburgh, this nagging suspicion can quickly turn into a stressful reality: the insurance company may have you under surveillance.

Why Insurers Use Surveillance in Pittsburgh Workers’ Comp Claims

To effectively handle surveillance, you first have to see the situation from the insurance company’s perspective. Their primary goal is to protect their bottom line. Every claim paid out is a financial loss for them. Therefore, they are highly motivated to find any reason to reduce the value of your claim or deny it altogether.

Insurance adjusters often view claims with a skeptical eye, operating under the assumption that some percentage of claimants may be exaggerating their injuries or are not as disabled as they report. They use surveillance for one main purpose: to gather evidence that contradicts your statements and your doctor’s reports. They are searching for a “gotcha” moment—a few seconds of video or a single photograph that they can use to argue that you are not truly injured.

They want to find evidence of:

Inconsistency: Activities that seem to conflict with the physical limitations your doctor has prescribed.
Exaggeration: Proof that your injuries are not as severe as you have described them to your physician.
Fraud: In their view, evidence that you are working another job or are fully capable of working while collecting disability benefits.

This is not about getting a complete picture of your life. It is about finding isolated moments they can decontextualize and use against you.

Is It Legal for an Insurance Company to Watch Me?

This is one of the first questions injured workers ask, and the answer can be unsettling. Yes, in Pittsburgh, it is generally legal for an insurance company to conduct surveillance on a workers’ compensation claimant. The legal reasoning is that by filing a claim for benefits, you have put your physical condition and capabilities at issue. This means you have a reduced expectation of privacy when it comes to activities you perform in public.

However, there are important limits. The legality of surveillance ends where your reasonable expectation of privacy begins. Investigators are bound by the law and cannot:

Trespass on Your Property: They cannot come into your house, your backyard, or even peer into your windows from your porch.
Record You in Private Places: They are forbidden from recording you inside your home or any other location where a person would reasonably expect privacy.
Harass You: An investigator cannot legally stalk, threaten, or intimidate you or your family. Their conduct must not cross the line into harassment.
Impersonate Law Enforcement: They cannot pretend to be a police officer or other government official.
Access Private Records without Consent: They cannot illegally access your sealed medical or financial records.

Any activity that takes place in public view is typically considered fair game. This includes your front yard, the street in front of your house, and any stores, parks, or public places you visit.

Common Types of Surveillance Used in Workers’ Comp Cases

Insurance companies and the investigators they hire use several methods to monitor claimants. It is important to be aware of these tactics, which range from traditional observation to modern digital snooping.

Physical Surveillance: This is the classic form of investigation. A private investigator may sit in a vehicle near your home, follow you when you run errands, and use a video camera with a telephoto lens to record your activities from a distance. They document everything: carrying groceries, mowing the lawn, playing with your children, getting in and out of your car, or attending social events.
Social Media and Internet Monitoring: This is one of the most common and effective tools used by insurers today. Investigators will meticulously comb through all of your public social media profiles—Facebook, Instagram, X (formerly Twitter), LinkedIn, and even TikTok. They download photos, save posts, and read comments from you and your friends. A single picture of you at a wedding or a check-in at a restaurant can be used to question the severity of your condition.
Database and Background Checks: Investigators have access to numerous databases that can provide information about your life. They may look for evidence of other employment, business licenses, professional certifications, or undisclosed hobbies that might suggest you are more physically capable than you claim.
Neighborhood Canvassing: In some cases, an investigator might speak with your neighbors, former colleagues, or acquaintances. Under the guise of a casual conversation, they may ask about your daily routines, your activity levels, and if they have seen you doing anything that seems strenuous.

What “Evidence” Are Investigators Actually Looking For?

The investigator’s goal is to create a report, complete with video and photographic evidence, that the insurance adjuster can use to undermine your claim. They are specifically looking for any action that contradicts your medical records.

Key activities that raise red flags for investigators include:

Violating Doctor’s Orders: If your doctor has given you a 10-pound lifting restriction and an investigator records you carrying a 20-pound bag of dog food, that footage will become a central piece of evidence for the insurer.
Performing Strenuous Activities: Anything that requires physical exertion can be used against you. This could be yard work, home repairs, helping a friend move, engaging in sports, or even washing your car.
Showing Inconsistent Physical Abilities: If you use a cane when attending a doctor’s appointment but are later filmed walking without it, they will argue you are faking or exaggerating.
Working “Under the Table”: Any evidence that you are earning income from another job while receiving temporary total disability benefits can be devastating to your case and may even lead to fraud allegations.
Social Media Posts: A photo you post from a fishing trip could be used to argue your back injury is not that severe. A comment about feeling “great” on a good day can be taken out of context. Even posts from friends tagging you in activities can become ammunition for the insurance company.

The Danger of Misleading Evidence: A Snapshot Is Not the Whole Story

One of the most significant problems with surveillance evidence is its lack of context. A 30-second video clip or a single photograph does not tell the story of your life or your pain. It is a snapshot in time, and it can be profoundly misleading.

Consider this common scenario: An investigator records you lifting a small child out of a car seat. The video is five seconds long and shows the act of lifting. The insurance company presents this as “proof” that your lifting restrictions are unnecessary.

What the video does not show is:

The sharp pain you felt in your back as you lifted.
The fact that you had to immediately sit down afterward.
The reality that you were in bed for the next two days, unable to move without severe pain, because of that one small exertion.
That you only lifted the child because no one else was available in that moment.

Living with a serious injury often means having “good days” and “bad days.” A surveillance video will only ever show a moment from a good day. It will never capture the hours of pain, the sleepless nights, or the inability to participate in family life that make up the reality of your injury. An experienced attorney knows how to fight back against this tactic by putting that misleading evidence into its proper context.

Protecting Yourself: Your Rights and Responsibilities During an Investigation

While you cannot stop legal surveillance from occurring, you can take proactive steps to protect yourself and your claim. Your actions and awareness can make a significant difference.

Do Not Speak to the Investigator: If you are approached by someone you suspect is a private investigator, you are not obligated to speak with them. Be polite but firm. Decline to answer any questions and state that all communications must go through your attorney. Do not sign any documents they provide.
Document Their Presence: If you notice a suspicious vehicle or feel you are being followed, take note of the license plate number, the make and model of the car, and a description of the person, if possible. Provide this information to your lawyer. This can be helpful in establishing a pattern if the investigator’s conduct borders on harassment.
Be Aware of Your Surroundings: When you are in public, simply be mindful of your actions. This does not mean you have to live in fear or become a recluse. It just means being conscious of your doctor’s orders and not pushing your physical limits where others can see and record you.

Practical Steps to Safeguard Your Pittsburgh Workers’ Compensation Claim

The best defense against surveillance is consistency and honesty. Your behavior should align with what you have told your doctors about your injury and limitations.

Here are some of the most important steps you can take:

Be Completely Honest with Your Doctor: This is the most important rule. Do not exaggerate your symptoms, but also do not downplay your pain. Give your physician a truthful and complete account of your condition, your pain levels, and your physical abilities. Your medical records are the foundation of your claim.

Strictly Follow All Medical Restrictions: If your doctor says “no lifting over 15 pounds,” then do not lift anything over 15 pounds. If you are supposed to avoid prolonged standing, then avoid it. These restrictions are in place to protect your health and aid your recovery, and they also serve as a clear guideline for your behavior.

Lock Down Your Social Media: This is not optional. As soon as you are injured, you should take the following steps:

Set all of your social media accounts (Facebook, Instagram, etc.) to the highest privacy settings available.
Do not accept friends or follow requests from anyone you do not personally know.
Do not post anything about your injury, your workers’ comp case, or your physical activities.
Ask your friends and family not to post photos or videos of you, and to avoid tagging you in any posts.
Consider suspending your social media accounts entirely until your case is resolved.

Keep a Personal Journal: Documenting your daily life can be a powerful tool. Keep a simple log of your pain levels, the challenges you face with daily tasks, your doctor appointments, and how your injury impacts your life. This contemporaneous record, created in your own words, can provide important context to refute misleading surveillance footage.

How a Pittsburgh Workers’ Compensation Attorney Can Shield Your Claim

Attempting to handle a workers’ compensation claim on your own, especially when surveillance is involved, puts you at a severe disadvantage. The insurance company has a team of professionals working to protect its interests. You need someone in your corner doing the same for you.

A knowledgeable attorney can help in several ways:

Handling Communications: Your lawyer becomes the single point of contact for the insurance company and its investigators. This stops them from contacting you directly.
Challenging Evidence: If the insurer presents surveillance evidence, your attorney can challenge its validity and relevance. They can use discovery tools to obtain the investigator’s full, unedited footage and notes, which can often reveal that the final evidence presented is highly edited and misleading.
Putting Evidence in Context: At a hearing or deposition, your attorney can cross-examine the investigator and use your own testimony and medical records to show the full story behind the out-of-context video clip.
Protecting You from Harassment: If an investigator’s conduct crosses the line, your lawyer can send a formal letter demanding that they cease the harassing behavior and can file a motion with the court if necessary.

Contact Caroselli, Beachler & Coleman for Guidance on Your Pittsburgh Workplace Injury Claim

When your life is disrupted by a serious injury in a manufacturing plant, on a construction site, or at any job in Pittsburgh, you deserve a legal team that can manage every aspect of your recovery. Dealing with the prying eyes of an insurance investigator should not be a burden you carry alone. The seasoned attorneys at Caroselli, Beachler & Coleman are dedicated to fighting for the rights of injured workers across Pennsylvania.

Contact us today at 866-565-4949 for a confidential consultation to assess your case and learn more about your legal options.