You’ve filed a workers’ compensation claim in Ohio. A week later, someone’s filming you from across the street while you unload groceries. You don’t remember seeing them before, and you wonder if it’s connected to your case.
Surveillance footage is a common tool insurance companies use to challenge workers’ compensation claims. They look for footage that contradicts your reported injuries, like lifting heavy items or moving without visible discomfort. But in some cases, the same video can support your claim if it aligns with your medical records and statements.
Understanding who collects surveillance and how it can affect your case helps you prepare for what’s ahead. Learn what to expect and how a skilled Cleveland workers’ compensation lawyer can help you use it to receive full financial support.
Who Collects Surveillance Footage and How It’s Used
Surveillance footage may come from several sources in Ohio workers’ compensation cases. These can include:
Employer Security Cameras
If your injury happened at work, for instance, in a warehouse, loading dock, or breakroom, your employer may already have video of the incident. This footage can show how the injury occurred and may be used early in the claim process to verify your report.
Third-Party Systems
Security footage from nearby businesses, parking lots, or public areas might show you in the moments before or after the injury. This kind of video is sometimes requested to provide context or additional evidence.
Insurance Company Surveillance
After you file a claim, the insurer may hire a private investigator to follow you and record your daily activities. Under Ohio’s one-party consent law, investigators may film you walking, driving, lifting, or doing household tasks, often without your knowledge.
Surveillance footage can show up at any point during your case. Insurance companies may use it to claim you’re not as injured as you say. But in some cases, the video can reinforce your version of events.
How Surveillance Footage Can Strengthen Your Claim
Surveillance footage isn’t always damaging. In many cases, it can verify the extent of your injury and its impact on your life. Here’s how it might help your claim:
- Confirm Your Limitations: A video showing you limping, using a cane, or needing assistance can reinforce what you’ve told your doctor.
- Support Your Honesty: When your actions on video match your medical records and statements, it shows you’ve been consistent.
- Show the Injury Itself: Footage of the moment you were hurt can prove exactly when and how your work-related injury happened.
- Counter Exaggeration Claims: Footage showing you moving slowly, avoiding heavy lifting, or taking frequent breaks shows you haven’t overstated your condition.
Video evidence like this makes it harder for the insurance company to question your truthfulness. It can also speed up claim approval or settlement talks by backing up your version of events with objective documentation.
Why You Need Consistent Medical Records and Statements
When reviewing your claim, the Ohio Bureau of Workers’ Compensation may compare surveillance footage with your medical records, statements, and testimony. Inconsistencies between your documentation and the videos could lead to delays or denial of benefits.
To protect your claim:
- Make sure your doctor’s notes clearly describe your injury and physical restrictions.
- Use the same language when describing your symptoms across all forms and appointments.
- If your condition changes frequently, ask your healthcare provider to include that in your records.
Consistency makes it harder for surveillance footage to be used against you.
How a Lawyer Can Help With Surveillance Footage
Surveillance footage can work for or against you. A qualified workers’ compensation lawyer can limit its impact or use it as evidence for your claim.
Legal support helps by:
- Requesting any video the insurance company plans to use before any hearings
- Highlighting what the video doesn’t show, like how long an activity lasted or what you looked like afterward
- Explaining how a short clip doesn’t reflect your full condition, such as pain, fatigue, or the emotional toll you’ve suffered
- Using favorable footage to demonstrate how your actions match your reported limitations and care plan
With the right legal team by your side, you can challenge misleading footage or use it to strengthen your case for workers’ comp benefits.
Don’t Let Surveillance Footage Affect Your Case: Get Legal Help Today
Surveillance footage can play a role in your Ohio workers’ compensation claim. Whether it helps or hurts depends on what the footage shows and how it’s used.
Talk to a Cleveland workers’ compensation attorney if you believe video is being used to question your injuries or limit your benefits. A legal team can review the footage, explain how it fits into your case, and push back against unfair tactics.
At Nurenberg, Paris, Heller & McCarthy, we know how to handle surveillance evidence and build a strong claim. Request your free consultation today. Let us protect your rights and help you get the benefits you deserve.
