Social Media and Workers’ Comp Claims In North Carolina – All You Need to Know

Social media posts can negatively and significantly impact an employee’s workers’ compensation claim. It’s smart to avoid social media during your workers’ comp claim. Insurance companies can use innocent social media posts to deny or reduce employee benefits. Understanding the potential drawbacks of social media and workers’ comp claims in North Carolina can help your case.

How to Prevent a Social Media Nightmare

Victims of workplace injuries may want to be cautious with how they use their personal social media accounts after a work-related accident. If you’ve filed for a workers’ compensation claim for assistance after an accident, the insurance company uses different ways to avoid paying a claim, including some pretty extreme tactics.

Some companies hire private investigators to document your daily activities to create doubt about your claimed injuries. Some insurance companies comb through social media and use your own photographs against you.

The most effective way to prevent issues from your social media posts is to avoid social media completely while your claim is pending. You can even suspend or fully delete your social media until the resolution of your workers’ comp claim.

Tips to Follow If You Can’t Avoid Social Media

If you can’t imagine giving up your social media or you have a valid reason you post online, here are some tips about social media and workers’ compensation claims:

• Ask your friends and family not to post about you at all online.
• Make every social media account you have private and frequently monitor privacy settings, plus make sure your separate photo settings are also set to private.
• Don’t assume you can just delete everything, even deleted photos, as posts can still appear on the internet, and you could be accused of deleting evidence.
• Avoid posting anything relating to your accident, your sustained injuries, the treatment you are receiving, and your recovery.
• Avoid discussing your medical care online, including about your doctors. Even a Yelp review can be used as evidence.
• Avoid posting anything that could contradict your claim. Take the time to think about what you’ve stated in your specific claim and ensure you’re not posting anything that could impact your recovery. For example, if you’ve said you can’t enjoy activities you used to, like salsa dancing in your high heels, make sure there aren’t any photos online of you salsa dancing in high heels!
• Avoid check-ins to any locations, especially those that might contradict your injury claims. Checking into a gym if you’ve claimed you can no longer exercise could be a giant problem.
• Don’t give any exaggerated, dramatic descriptions of your injuries online.
• Avoid posting anything about work or about your employer.
• Avoid discussing your workers’ compensation claim online anywhere. If you’ve said you’re unable to work, avoid any photos where it might seem like you’re working despite what you’ve reported. If you’ve said you can’t bend or lift after your accident, an innocent photo of you online helping at your child’s school in the lunchroom could negatively impact your claim.
• Avoid mentioning the status of your claim and the amount of time it’s taking. A complaint about how the process is taking too long or that you’re being treated unfairly can, unfortunately, make the claim process take even longer and become more complicated.
• Avoid making any statements online about how you think you’ll benefit financially from your claim or even that you’ve hired a lawyer.

Innocent social media content can contradict your workers’ compensation claims. Be mindful of videos and photos posted online. Photos of you relaxing with family or on vacation can show inconsistency with your claims for injuries when viewed out of context. Innocent social media posts can create a nightmare for your injury case. If you’ve been hurt at work, it’s important to take active steps to protect yourself online.

FAQs

Q: What Should I Do If My Workers’ Comp Claim Was Denied in North Carolina and It Might Be Because of My Social Media?

A: If your claim was denied in North Carolina and you suspect it might be because of your social media posts, it’s important to immediately contact an experienced workers’ compensation lawyer to discuss your options. An attorney can help review your social media content and address any potential issues that might be impacting your claim. They can help prepare an appeal with the North Carolina Industrial Commission and answer your important questions.

Q: What Types of Social Media Should I Avoid During a Claim for Workers’ Compensation?

A: Generally, you should avoid posting anything on your personal social media services that could contradict what you’ve stated about your injuries, which could be later used by the insurance company to undermine your injury claim and affect your recovery.

You should avoid using Facebook, Instagram, Snapchat, YouTube, TikTok, Reddit, WhatsApp, Twitter (X), LinkedIn, and other platforms while your claim is pending. An attorney can advise further about the social media platforms to avoid.

Q: What Should I Avoid Saying on My Social Media About My Claim?

A: It’s recommended that you avoid saying anything that could possibly be related in any way to your workers’ compensation claim for your work-related injuries. Unfortunately, photos, videos, statements, opinions, etc., can be taken out of context and used to contradict the statements you made in a workers’ comp claim. Avoid posting photos of yourself playing sports, going on vacation, working with family, etc.

It’s recommended that you avoid social media completely and deactivate your accounts during your workers’ compensation claim.

Q: How Far Back Does Workers’ Comp Check for My Social Media?

A: An insurance company handling your workers’ compensation claim can review all of your public social media profiles. The insurance carrier may go through your entire account history to look for any content and posts that might contradict your claimed work injuries. They may also look at the social media content and posts of your family and friends, if accessible.

Consult With an Experienced Attorney – Call Ayers, Whitlow & Dressler

If you’re filing a North Carolina workers’ compensation claim after an injury, it’s recommended to consult a lawyer who can discuss your social media use during the duration of the claim. Contact us to talk to an experienced attorney for a free initial consultation.