Can Being on Facebook or MySpace Hurt My Workers’ Compensation Case?

by Spencer & Spencer on December 29, 2009

Social media and your workers' comp case

Yes it can.

Many insurance defense lawyers are aware of Facebook, and routinely do searches for claimants. If your Facebook page is set to allow anyone to view it, everyone, including the insurance company’s lawyer can see what you’ve posted. Many people are not aware that the default privacy setting gives you no privacy.

Recently, Dollar Tree used MySpace to bust a fraudulent claimant.

Even people who have legitimate claims should be careful about what they post online. Photos and posts can easily be taken out of context and used against you in court. Even the number of times you post things on your page could be used to show that you can work at a clerical job.

Things to keep in mind:

  • What photos or videos are posted that might hurt your case?
  • What comments have you made that might hurt your case?
  • Have you made excessive comments that might make it look like you can type a lot and can work?
  • How does your profile look to people who don’t know you?

If you use social media:

  • Be very careful about any pictures you post or things you say about yourself. One lie can damage an otherwise good case.
  • Most importantly, check your privacy settings and make sure that only people who know you are able to view your profile.
  • Or, disable your profile altogether.

You should also keep in mind that anything you post or do online may stick around on the Internet for a long time. If you have any concerns about these issues, you should discuss it with your attorney.

Some helpful links:

 

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This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.

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