If you have been injured at work or by another party’s negligent or careless actions, you may be entitled to compensation that can be used to support the costs associated with your recovery.
In Washington state, the workers’ compensation system provides workers who are injured on the job or who develop work-related health conditions or complications to receive economic benefits while they take time away from work to focus on the recovery process. These cases are overseen by the Washington State Department of Labor & Industries (L&I).
For those who have been injured at the hands of a negligent individual or other entity, Washington state’s contributory fault laws allow the plaintiff to recover compensation from the at-fault party, even if the plaintiff shared some percentage of responsibility in contributing to the incident. For instance, a driver who failed to check their blind spot before turning right against a red light and collided with a cyclist could be held liable for the cyclist’s injuries.
As you start to compile a workers’ compensation or personal injury claim, it’s important to recognize some of the costly mistakes that can be made during this process that may lead to unfavorable or unsuccessful outcomes. The last thing you want during this already stressful and painful time is to have your claim denied or dismissed because of careless and easily preventable mistakes. Today, we will take a look at how social media can hurt an injury claim in Washington state and how enlisting the guidance of a dedicated and experienced Seattle workers’ compensation attorney can maximize your chances of obtaining a successful outcome.
How Insurance Companies Monitor Social Media
It may be surprising to hear that insurance companies often turn to a claimant’s social media pages and posts when evaluating a workers’ compensation or personal injury claim. Insurance professionals use a variety of tactics in order to protect their company’s bottom line. Even if an insurance adjustor swears that they are “on your side” and simply “want to support you as much as possible,” it’s essential to recognize that their priority is saving the insurance company as much money as possible. Combing through a claimant’s social media allows them to uncover any inconsistencies in your claim. For instance, if your claim states that you suffered a broken leg in a workplace accident that took place on a certain date and your social media profile shows you skiing a week later, this will cause the insurance company to raise this inconsistency and may result in a claim denial or dismissal. In many cases, insurance companies will look at your public posts, photos you have been tagged in, and location check-ins to look for inconsistencies or other potential red flags. Private social media profiles are not necessarily safe, so it’s best to avoid posting anything related to the incident or your health during this time.
Examples of Social Media Posts That Can Be Used to Discredit or Deny Your Personal Injury Claim
Generally speaking, any social media post that relates to the incident or your injuries can affect your workers’ compensation or personal injury claim. For example, posts that display photos of you engaging in physical activity after the date you claimed you were injured can trigger the denial of your claim. Comments or posts that contradict the information contained in your medical records or statements you made to the insurance company may also call the validity of your claim into question. Pictures or videos you post (or posts you are tagged in) from vacations, social gatherings, or other leisure activities during your recovery period or time away from work can undermine the credibility of your workers’ compensation or personal injury claim as well. One of the problems with social media is that it often highlights positive moments and does not show the low ones. So, even if you had enough energy to go out with friends to a restaurant one evening where the pictures were taken and posted, it doesn’t show the reality of you in bed the whole following day from pain and exhaustion caused by the outing. It’s better just to avoid all posts as they can be used and skewed against you. To learn more about workers’ comp and social media posts, reach out to one of Seattle’s top personal injury law firms to get started.
How Does Social Media Affect Personal Injury Claims in Washington State?
Does insurance look at social media when evaluating a workers’ compensation or personal injury claim? The answer is, most likely, yes. Social media activity or posts that contradict your account of the accident or injury can hurt your case in several ways, such as:
- Undermining the overall credibility and validity of your personal injury claim
- Suggesting that you are fully recovered and ready to return to work
- Negatively affecting your ability to receive compensation for pain and suffering claims
The best way to avoid these adverse outcomes is to refrain from posting anything on social media while you focus on your recovery. Even seemingly unrelated posts may be used by insurance companies to undermine your case or deny you the compensation you need to make a full recovery.
Best Practices for Social Media Use During the Workers’ Compensation or Personal Injury Claims Process
If you suffer an injury at work or at the hands of a reckless or negligent party (like a distracted driver), you understandably want to recover the compensation you need to support the costs of your recovery. In order to maximize your chances of securing these benefits, it’s best to adopt the following practices when it comes to your social media use during your recovery:
- Avoid posting at all while the case is open
- Ask your friends and family not to tag you or post anything about you during this time
- Do not delete posts without discussing this strategy with your attorney
- Work with your attorney before you respond to any online messages
By refraining from engaging with social media during your recovery, you can improve your chances of securing the compensation or benefits you need to help you heal. If you are interested in learning more about best practices for injured workers and social media, reach out to a dedicated and experienced Seattle personal injury lawyer to get started.
Supporting Our Clients, Every Step of the Way
At Scott & Scott, PLLC, we firmly believe in helping injured individuals and workers recover the compensation they need to support their recoveries. Our goal is to maximize your settlement offer so that you can start to get your life back on track. If you need help filing a workers compensation or personal injury claim in the greater Seattle area, please reach out to our office today by calling (206) 622-2200.