Can my Jones Act employer have me followed to gather evidence against me?

Insurance Investigator Taking Pictures of an Injured WorkerYou have enough to worry about after an accident at sea without worrying that your injury case will not be treated with the respect it deserves. Unfortunately, your employer’s insurer will be doing everything it can to build a case against you, including hiring a private investigator to follow you and record your daily activities.

Surveillance Methods an Employer May Use After a Maritime Injury

In general, maritime insurers or employers will invest in a private investigator if an injury claim has the potential to cost them a significant amount of money. Insurers are hoping for video clips that show you are capable of performing strenuous activities (and are therefore able to return to work), or that show you performing an activity that you have previously testified you can no longer do (thus hurting your credibility).

It is worth noting that there are many ways an employer can gather evidence against you without the need to hire a professional investigator. For instance, an employer may:

  • Save your correspondence. Any interaction you have with an employer can be saved as evidence. This means your letters and emails, but also texts and instant messages that may be taken out of context. Employers may even record your phone calls to get you to talk about your injury, asking you leading questions in an effort to get you to say something that can be used against you.
  • Ask other employees to watch you. You should be wary of discussing your injury or your accident case with anyone other than your maritime injury attorney, especially people you work with. Even if you are friends with your coworkers, they can still be subpoenaed to give testimony in court.
  • Follow you on social media. These days, engaging in “spy” tactics is as easy as monitoring someone’s online activities. If you post photos or videos that show you on vacation, playing with your children, or even smiling, this evidence may be used to argue that your lifestyle has not changed much as a result of the injury.

Our Maritime Injury Lawyers Will Fight For Your Full Compensation

If you are a maritime worker who has been hurt on the job, our attorneys can determine who may be liable for your accident and what you are owed under the law. Call 1-800-3-MAY-DAY today to speak with a maritime injury lawyer at Hofmann & Schweitzer or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.

 

Paul T. Hofmann
Connect with me
Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.