Are you being watched? If you have an Alabama work comp claim, the insurance company may conduct surveillance on you. I often tell my injured clients — If the insurance company videos you, we will only see the 5 minutes when you felt good and looked unhurt. We’ll never see the hours of agony and pain.
My favorite surveillance story involves a work comp case I tried many years ago in Huntsville. The insurance company and its lawyer fought aggressively. On the eve of trial, they expected to win. They thought they had surveillance that would destroy our case. The video showed a man lifting big truck tires, loading his truck and performing some pretty heavy work. That sounds pretty bad when your case involves a lower back injury and significant physical restrictions. But, they had a huge problem! A huge problem! And, they did not know it. The guy on the video was not my client. It was the wrong guy. The video showed my client’s brother. Plus, we had proof my client was somewhere else on the day of the surveillance. It made for some fun courtroom action at trial. Nothing like bursting the insurance company’s bubble! We won the case for our injured client.
Over the years, I’ve dealt with surveillance issues many times. It’s not an issue in every case. Most of the time, it’s not an issue at all. But, it is something every lawyer should discuss with his injured client.