Informative Article from Business Vermont Reprinted with permission
Social media and workers’ comp fraud
What, then, can an employer do to investigate possible fraud in workers’ compensation claims?
Start by seeing what information on social media accounts has been made public. Although many injured workers are instructed in tightening up their privacy settings by their attorneys, not all receive or heed this advice. Additionally, you can expand your search beyond the injured employee’s profile to that of relatives and friends. Searching for these people may yield photos or posts in which the injured employee is tagged and with the friend’s or relative’s more lenient privacy settings they may be visible to the general public. Another option is to search for the pages or accounts of organizations, teams, gyms, and the like where you know the injured worker is involved. Often these businesses or organizations will post photos of events, especially sporting events like Crossfit competitions and the many running events that take place each year, from fun runs to marathons.
When you do find information you think may contradict the injured worker’s claimed disability, it is important to preserve the information. You should not assume that the content is going to remain publicly available for you to go back and review at a later date. Copy the URL of the webpage you are viewing, if on a computer, and save it to your file. You should also screenshot or print the screen to save the content in either printed or electronic format for your file.
Employers should refrain from asking another employee who is connected to the injured employee through social media to review the injured worker’s accounts and report back to them about its content. However, if you are approached by another employee who wants to report something they saw or read on the injured employee’s account, it is acceptable for you have this knowledge and save whatever documents or emails you receive for possible further investigation of fraud. If you have any question about what you are doing, consult with an attorney.
Glenn S. Morgan is an attorney with Ryan Smith & Carbine in Rutland, where he is the supervising partner of the firm’s workers’ compensation group. Associate attorney Stephanie P. Romeo, Esq. contributed to this column.
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