3 Things You Need to Know About Surveillance | Georgia Workers’ Compensation Attorney
CALL US ► 912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► Ty@TyWilsonLaw.com
Website ► www.tywilsonlaw.com/
Facebook ► / tywilsonlaw
Pinterest ► / _created
===============================
So what are three things you need to know about surveillance? Hello. My name is Ty Wilson, Georgia workers compensation attorney practicing law in the state of Georgia. And what we're talking about today is surveillance or the insurance company hiring an investigator to follow you if you've been injured on the job. And we're talking from the state of Georgia perspective. We see this from time to time, and I guess the most important thing now is that:
One. In all cases, they're not necessarily just going to hire investigator can be very expensive. And so if they're not paying you income benefits and especially if they're not paying you income benefits or medical benefits, and they denied your claim entirely, there's a pretty good chance they're not going to waste their money hiring an investigator to follow you unless you're claiming some pretty outlandish stuff. However, if you are receiving medical benefits, well, there's a possibility that they'll hire an investigator. It just depends upon how serious the injury is in the nature of the injury.
If you're receiving income benefits, I would say you're always a target to be followed by an investigator. They have to hire a private investigator and they'll follow you. And usually the times when they're looking for you and following you is when you're out in public. But keep in mind that workers compensation claim. There are certain things are situations where the insurance company knows where you will be, such as if you're in litigation on your workers compensation claim, then they're going to know that you've got to go to that deposition. They'll have an investigator waiting for you outside your Attorney's office, just waiting for you to hop into your car and follow you from there.
If you have medical appointments and remember, the insurance company has to approve and authorize all medical appointments. Another time would be if you have a hearing. Well, certainly they know you're going to be there at the hearing and you're going to leave the hearing at some point. And at that point, they can follow you as well.
What are they trying to do when they follow you? Are they trying to intimidate you? Well, not necessarily. What they're hoping you'll do is they're hoping that you'll do something that the doctor says you shouldn't be doing or you can't do. And they're hoping to catch you doing those things, whether it's limited walking, driving, no lifting more than 15 lbs. I want to catch you at the Home Depot lifting a 50 pound bag of something. That's what they want to catch you doing, because what they do and how they use these videos and the investigative reports is they will go to your authorized treating physician or your main doctor and your workers compensation claim, and they'll say, hey, Doc, we know that you said this person couldn't return to work. But we wanted to show you this video and see if you still believe they can't do these different things.
And a lot of times the doctor will feel insulted, let down like you lied to them about how you were hurt and they become resentful. And obviously you're not there to explain the situation. They do this all behind the scenes, and they're allowed to, unfortunately, and the doctor will release you then full duty, not even seeing you. And I get a lot of calls. Well, the doctor didn't even see me, and he's all of a sudden release me full duty. So the first thing I'm always looking at is, is there a video? Do you know if there's a video? Did the adjuster talk to you about a video, or did someone else talk to you about them having a video? Because typically, that's how something changes on a dime. They catch you doing something that you're not supposed to be doing. They're going to try to shut your benefits down.
Пікірлер: 81
When they see me lift 3 waater cases of 40 bottles each and make big deal.. but they dont say anything when im at work lifting 50 lbs for 8hrs everyday
@TyWilsonLaw
4 ай бұрын
If it hurts you to do so something, you are the one who will have to say something, they are going to presume you are fine unless you complain that it hurts.
I live out of state and on private property. Plus with my type of injury I don't have anything they could "catch" me doing anything. My medical only benefits did get cut off as of now due to MMI report from one of my treating physicians. Had 2 IME now on to my final IME. The main IME appointment said I definitely need to be compensated. Have it recorded as well. Hopefully he actually put that in his report! Nice video
@TyWilsonLaw
Жыл бұрын
I hope for your safe he does. Stay safe!
I went out of work 2021 i was having sever back pain. I took some short term disability. I had back surgery june 2021 felt worse than before. Oct 2021 i went to a rheumatologist she did blood work and more imaging. HLA-B27 positive ankylosing spondylitis diagnosis. Today i had independent medical examination afterwards i was followed and the car was parked in front of my home. I looked at my home surveillance and i can see he was 30 seconds ahead of me parking. So he wanted to position himself to watch me as i exited the car. He stayed parked. Since i am a paranoid person by nature my wife drove by just to let him know we are on to you. 10 mins later he was gone.
@TyWilsonLaw
3 ай бұрын
Good for you and your wife. If they ever come onto your property you can and should call the police for trespassing.
Great info.
Your channel is pure gold. Thank you for sharing this valuable information!
@TyWilsonLaw
11 ай бұрын
Thank you for the 👍, I appreciate it. If you have a specific question shoot it to me and I will be happy to answer directly by video. 😊
i have not worked there in years, why are they still in my home life and destroy every aspect of my life , and it is so bad i need fcc to stop them now fro listening to my phone calls and isp allowing them on my home personal network, nothing work related on any of these. Please tell them to sue them
@TyWilsonLaw
5 ай бұрын
Jasper, I am sorry you are going through this experience. I hope you find peace.
They are all operating as a business!! Hospitals, police , insurance companies.. With every business you need to spend $ to make $ … or save $$ in a WC claim . Paying a P.I a few hundred or thousands for stalking u .. could save the business millions in compensation payouts.
@TyWilsonLaw
8 ай бұрын
Thank you for your comment. I do agree it is a business. For businesses to survive they need $. The concerning part is the investigators. Some so desperately want to keep getting work from a rich insurance company that they will make things appear beneficial to the insurance company and directly against the injured worker or even set up the injured worker so they can get pictures or video. If they play by rules of decency and only record without manipulating situations, then they are doing their job. That is fair. But if they are putting heavy items blocking the injured worker from moving their car so that they have to get out and attempt to work around the hazard, or move the item somehow, that is not called for or fair. While admittedly that does not happen in the majority of cases, it does happen. All for the $ as you say. We had one case where the injured worker was helping move items at his church with a bad shoulder. The investigator decided only to produce a picture showing the injured worker carrying a plant. When we attempted to settle the claim, they threw that picture at us and said, what do you have to say about this? My client said the plant was plastic/fake and weighed under 10 lbs which was within his lifting restriction, so the issue was solved but the other side believes everyone is faking. The injured workers who are faking deserve to be called out. But the ones who are not faking do not need the harassment just because the insurance company wants to keep their $. Thank you again for your comment. Stay safe. Ty
@unclerudy9797
6 ай бұрын
All deals are made prior to any hearings or depositions in all states...
Great video. Even though you are making our jobs more difficult by providing the public with this free information, I believe it’s in the best interest for the people to watch this video. Especially if they’re involved in some type of WC case. Remember, if you’re on a claim we will be watching you in hopes, I repeat, in hopes to catch you going against your doctors orders. Great work, and keep these informative videos coming. -CA PI.
I know someone is committing fraud. And I hate it!!! It makes me feel guilty.
@TyWilsonLaw
5 ай бұрын
Fraud is one thing. The system is designed to eliminate fraud so that should not last long term. You should not let others' actions make you feel guilty, if you feel like you need to report the fraud do it. However, remember what we think we know is not always accurate, so you really want to be sure. Again, would it not be better for your guilt to let it go? That is unless it is your job to shut down fraud, then by all means please do. Stay safe and thank you for your comment.
@aquiconfeya
5 ай бұрын
@TyWilsonLaw I saw it with my own eyes for the last three years. His case is not close yet.
Been dealing with workers comp a few years now. So far they've been helpful. I didn't like being pressured from the doctor though in the beginning. I've done my deposition. I've had a lower back surgery and now I'm getting another one. I wonder if they'll try settling soon to try getting this over with. I wonder if they can being that my surgeon hasn't released me yet.
@TyWilsonLaw
Жыл бұрын
Thanks for your question. In Georgia they can settle at any time, but it is optional, meaning they do not have to settle. The Employer may have input as well it just depends on the Employer. Some Employers refuse to settle. We see this more with government employers. There is no restriction on when. If you are having a second back surgery, you may not want to settle until you are medically at a point where you are certain that all your settlement funds are not going to be paid to the medical providers. Ty
About restrictions? I got a WCB letter in oct/2004 saying there was no evidence of any injuries to prevent me from working mod duties. I was not aware they did surveilance until 2006 appeal. In Oct the WCB said you have restrictions from an Functional Capacity exam done in March 2004. Well this FCE progressed my L4 and L5 herniations. March 2004 I have another ct says contacting nerve root at both levels jjst after FCE done at WCB. So fast forward to dec/2004 a neurosergeon says Mr Last I will forward to WCB. He calls me to come have surgery dec/2004. In aug/2004 a WCB medical advisor giver her opinion that she could not see I had recovered from injuries according to video done Aug 3/4/5th. Well I didn't recover I had surgery only on L5/S1 level. Apperently 15 years later I tried to get back to work after losing pretty well everything. An MRI says a new finding L4 herniation compressing nerve root. Ahh no it is not new. I appealed the L4 beign part of accident in 2017. The same chief appeal commissioner says MRI says it is a new finding. So after 2 years I get addendum to MRI,it is not new. I request reconsideration and the new Chief Appeal Commissioner says I should have known through my own due diligence? What! It is torture!
@TyWilsonLaw
Жыл бұрын
I am truly sorry you experienced this with your work injury.
@KingfishStevens-di9ji
4 ай бұрын
I worked 40 years doing manual labor with an L5 herniation.
They didn’t follow me they followed my mother I didn’t know until 3 years ago when I received a copy of my File. So this evidence was giving for court proceedings. I didn’t get to go to Court lawyers said I was a risk attempting to suicide spent a week in ICU I’ve been receiving medical expenses and they are beating me down after 21 years. Karen from Australia
@tywilson6919
2 ай бұрын
Wow, thank you for sharing. You have been through a lot.
I had L4 and L5 disc herniations compressing roots. You ain't working a day. I couldn't even go for a wiz.
@TyWilsonLaw
4 ай бұрын
Unfortunately, that is a common lower back injury. Hopefully you were able to medical care to get better?
And they should catch these fraudsters. Penalties for disability fraud are far too lenient. I worked 40 years with a ruptured disc in my back.
@TyWilsonLaw
4 ай бұрын
Thank you for your comment I completely agree, anyone that is a fraud makes me sick. That said if you speak with workers' compensation insurance adjusters everyone hurt is a fraud. You can not say all injured workers are a fraud, if you do then you are not telling the truth. They system is designed to weed out the frauds. They sure will not be receiving anything long-term.
Just came from court they said they have a surveillance tape of me. I gotta go back and I don’t even get to see the video and I have to answer questions. So then you start to think that did I pulled the garbage out that I bring groceries in that I pick up my dog you start thinking what have I done that they found it worthwhile to videotape.
@TyWilsonLaw
5 ай бұрын
Yes, they live to give you little notice on what day they filmed you. Make sure you review the video they sometimes video other people thinking it is was you and it was not. I hope everything turns out well in light of the surveillance.
@MMAGUY13
5 ай бұрын
@@TyWilsonLaw thank you for your response. You always had a heart to help people you been helping people a long time. God bless you. I had two surgeries and I’m still going through this and in New York They get the question me before I can look at the video I really think that’s unfair.
@TyWilsonLaw
5 ай бұрын
I agree it can be taken out of context unless you are given a fair amount of time to recall what you were doing and comment on the specific actions they are attempting to use against you. It is a gotcha move that should not be allowed
@boblawrence1692
4 ай бұрын
@@TyWilsonLawHi, do they have to show you the video before going to trial or do they just drop it on you in trial.
@TyWilsonLaw
4 ай бұрын
@@boblawrence1692 so it just depends on Opposing counsel. I have had them present at a settlement mediation, right before a hearing and early. It just depends on the guy/girl ordering the surveillance. The more time they give you the more time you can counter. I hope that answers your question. Stay safe. Ty
If the Dr says you can lift 25 lbs, can you lift 25 lbs in your yard?
@TyWilsonLaw
3 ай бұрын
Thank you for your comment. Arguably yes. If your authorized treating physician in Ga said you can lift 25lbs then the employer can create a job where lifting 25lbs is the max then it is expected that you can do it. Ty
@anniealexander9616
3 ай бұрын
@@TyWilsonLaw What if they won't accommodate it? I was prepared to go back to work. I received a message not to come in. I build fiber optic cables. Some weighting 800 lbs to over 1000 lbs. I have to push them and turn them on a skate. The doctor told me I have degenerative back disease that will turn into arthritis if I don't slow down. I'm 52 years old and 5'4".
@TyWilsonLaw
3 ай бұрын
@@anniealexander9616 If your employer can not accommodate your light-duty restrictions they can either create a job that has never existed just to get you back to work or they can keep you at home. If they keep you at home, they should continue to pay you weekly checks. The question then is what does the future hold? You are in limbo. The law requires that you look for light-duty work within your restrictions if your employer can not accommodate your light-duty restrictions, especially if they are paying weekly checks. It would probably be in your best interest to discuss with a work injury attorney and discuss your legal options, you have options and there are things to think about moving forward with your claim.
@anniealexander9616
3 ай бұрын
@@TyWilsonLaw What's if my employer can accommodate but they refuse to, saying I can't change departments, even though I've worked in other departments? Can I do work around my house as long as I don't pick up anything over 25 lbs? That's the only restriction the doctor gave me. I was sent to a nurse practitioner......I've received nsaid shots and 1 steroid shot.
@TyWilsonLaw
3 ай бұрын
@@anniealexander9616The employer has a choice, they can bring you back or they can choose not to bring you back. If you are receiving income benefits paid for by the insurance company, I can assure you that will not last forever. If the insurance company can, they will file a hearing to suspend your income benefits stating you are capable of working and request a list of employers you have applied for work with. If they catch you doing things around the house, they will try to make it look like you can lift more than 25lbs and then take the video to the doctor in an effort to get you released to full duty, with which then they can terminate you and end your claim. Be careful.
Isn't it a bad idea to discuss your case on Social media 🤔
@TyWilsonLaw
Жыл бұрын
Yes, putting anything on Social media regarding any type of legal dispute is asking for problems. Most investigators and defense attorneys are hoping you put information on there to hurt your case. They will use it as a weapon. Do not post on social media.
@dfaro8453
Жыл бұрын
@@TyWilsonLaw thanks. I have closed down all my accounts so I don’t inadvertently post anything regarding my current case.
@david760.1
Жыл бұрын
@@dfaro8453 Smart move.
@unclerudy9797
6 ай бұрын
DUH...
Playlist numbers are meaningless. Sorry.
@TyWilsonLaw
Жыл бұрын
Thank you for your comment, can you please clarify what you mean by playlist numbers? Ty
@TyWilsonLaw
Жыл бұрын
Better yet, if you have a specific question, let me know and I will try to answer it as best as I can?
@ahsanmohammed1
Жыл бұрын
@@TyWilsonLaw Thank you for your video! Very helpful! Informative. Appreciate it. Thank you. It’s just that when I went in to view more, I personally like playlists, especially if they’re organized into topics, and when I saw the playlists with numbers as their titles, instead of descriptive topic names, I gave up. Didn’t bother diving deeper. If the playlists had descriptive topic names in their titles, I might have dived into a topic of interest. So, the feedback. BTW, I’m in Toronto. Regardless, I’m definitely going to visit the auto and compensation playlists over the month or six months, likely. Seem interesting. Worth wasting time on, worth using for unwinding, relaxing, taking a meal break.
@TyWilsonLaw
Жыл бұрын
@@ahsanmohammed1 Thank you for your feedback. Actually, we are slowly updating the playlists to organize them by practice area and divided up within each practice area. It has been a slow process with challenges popping up on daily work, sometimes we have to put the organizational items on the back burner. I hope that you do watch any video you are interested in. I will say these videos are directly related to the State of Georgia so they may not be applicable to you in Toronto. (I hear Toronto is an amazing city.) However, if you have questions I will attempt to address them here or you can always call me at 912-233-1100. Thank you for your feedback and I hope to address this in the future. Have a safe and great weekend! Ty
@MMAGUY13
Жыл бұрын
How often do they follow you I’m waiting to get surgery and I and I’m so afraid they’re going to say I saw you walk your dog carrier grocery is in etc. etc. I wouldn’t let the doctor cut me open and give me 2 artificial disc in my neck if I wasn’t having radiating pain 24 seven and then you have to live in fear if someone catches you bringing groceries in you won’t be able to feed your family anymore
This is like how to be better at pretending to be injured.
@TyWilsonLaw
Жыл бұрын
Sorry but I respectfully disagree. None of my material is geared toward pretending. Can you specifically tell me what makes you believe "This is like how to be better at pretending to be injured"?
@Daniel-fi6kz
Жыл бұрын
No is not..he never say anything about pretending... he just say to make sure to follow the doctors orders..that it
@MMAGUY13
5 ай бұрын
It’s not pretending to be injured people don’t get surgeries and pretend to be injured. It’s they gonna use anything to say that you are not injured. You have chronic pain, but they saw you pulling your garbage out that is on wheels now they’re gonna dispute your chronic pain.
@KingfishStevens-di9ji
4 ай бұрын
@@MMAGUY13 lol, there's people that would let a doctor saw their legs off if it meant a big settlement and not having to work ever again. Disability fraud is rampant. I've known several fraudsters myself. They aren't going to work and they'll do ANY thing to get out of it.