As an Illinois workers’ comp lawyer, I understand the concerns many injured workers have about being followed or surveilled by workers’ comp investigators. Knowing your rights and the legal boundaries within which investigators operate can provide significant peace of mind during your recovery and claims process.
Surveillance, while it may feel invasive, is a common and legal tactic used by insurance companies in Illinois to verify the legitimacy of a workers’ comp claim. The goal is to observe the claimant and ensure that their injuries are as reported and that they are not engaging in activities that would contradict their claims. Understanding this can provide a sense of security during your recovery and claims process.
In Illinois, there is no specific statute that dictates the exact duration that an investigator can follow a workers’ comp claimant. However, surveillance must be conducted within the bounds of the law. Investigators can observe and film you in public places where you have no reasonable expectation of privacy. This can include shopping, going to appointments, or any other public engagements.
Investigators are not allowed to trespass on private property, use deceit, or engage in harassment. If you feel that an investigator is violating your privacy beyond reasonable surveillance, such as attempting to peek through your windows at home or following you into a private place, this may be considered illegal.
Extended surveillance can last as long as the investigator collects relevant information, yet it must cease once it infringes upon your legal rights or privacy excessively. Knowing these boundaries can help you understand and potentially challenge the scope of any surveillance you find intrusive.
Several factors can trigger surveillance in a workers’ comp case:
Insurance companies might also initiate surveillance if they observe discrepancies between a claimant’s reported limitations and their activities in public filings or social media. It’s important to maintain consistency in how you represent your physical capabilities in all public areas to avoid prompting surveillance.
If you suspect an investigator is following you:
It’s also beneficial to maintain transparency with your legal team about all aspects of your day-to-day activities and any interactions with the surveillance team. This openness will allow your lawyer to better safeguard your interests and challenge any overreaching surveillance practices.
While it may be unsettling to know that an investigator can follow you during your workers’ comp claim, understanding your rights can help you navigate this process more comfortably. It’s crucial to always adhere to your medical advice and communicate openly with your lawyer about any concerns regarding surveillance. This sense of responsibility can empower you in your claims process.
Investigators aim to verify the accuracy of the claim filed. This includes confirming the severity of the injury and whether the injured worker is adhering to the restrictions outlined by their doctor. They look for any evidence that might suggest the injuries are not as severe as claimed or that the worker is engaging in activities that contradict their reported physical limitations.
Yes, in Illinois, it is legal for investigators to record you without your consent as long as they do so in a public place where you do not have a reasonable expectation of privacy. This includes places like parks, streets, or shopping areas. However, recording in private settings without consent, such as inside your home or a private office, is not permitted under the law.
Absolutely. Investigators often review social media accounts to gather information on claimants. Posts, photos, or videos that depict physical activity or participation in events can be used as evidence against your claim. It’s advisable to be very cautious about what you share online while your claim is being processed.
If you notice you are being followed, you should continue to adhere to the restrictions set by your doctor. Do not confront the investigator. Instead, document when and where you noticed the surveillance and discuss it with your workers’ comp attorney. They can advise on the appropriate steps to take, including potentially contacting the authorities if the surveillance escalates to harassment.
If surveillance evidence suggests that you are engaging in activities that contradict your reported injuries, such as heavy lifting or participating in sports, it can significantly impact your claim. This might include reductions in the compensation you are eligible for or even a complete denial of your claim. It’s crucial to always follow medical advice and be transparent about your capabilities and activities.
While your employer may have a vested interest in the outcome of your claim, they typically use a third party — generally a private investigation firm — to conduct any surveillance. This helps maintain objectivity and professionalism in the surveillance process.
You have the right to privacy, and if you believe the surveillance is excessive or invasive, speak with your workers’ comp attorney. They can assess the situation and, if necessary, take legal steps to protect your privacy, such as filing a motion to limit or stop the surveillance.
You must notify your employer of the injury within 45 days, but you have up to three years from the date of the accident or two years from the last compensation payment to file a workers’ comp claim.
You may receive medical benefits, temporary or permanent disability benefits, vocational rehabilitation, and, in some cases, benefits for disfigurement.
Yes, you can choose your own doctor, but there are limits on the number of healthcare providers you can see without a referral.
You should consult with a workers’ comp lawyer to understand your options, which include filing a claim with the Illinois Workers’ Compensation Commission.
If you have questions about surveillance during your workers’ comp claim or need assistance with any aspect of your claim, don’t hesitate to contact The Law Offices of Robert T. Edens, P.C. We are dedicated to defending the rights of workers in Illinois and ensuring that they receive the compensation they deserve without undue stress or invasion of privacy. Contact our Illinois workers’ comp lawyer today at The Law Offices of Robert T. Edens, P.C., by calling 847-395-2200 to schedule a consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
© 2025 Robert T. Edens, P.C., All Rights Reserved, Reproduced with Permission Privacy Policy | Sitemap | Disclaimer
Powered By 
