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Video Surveillance of Personal Injury Claimants |
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Written by Wayne R. Centanni
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 Experience teaches us that claimants will often exaggerate their disabilities. This type of falsification results in dishonest claimants collecting more money than they deserve. Whether you're self-insured or not, bodily injury claims can severely impact YOUR bottom line. This can be in the form of the direct payment of exorbitant claims or experiencing skyrocketing insurance premiums. One way to verify whether or not a claimant is as disabled as alleged, is through the use of video surveillance.
The following is a guide to controlling video surveillance operations.
This is a legal, cost-effective tool which can help the employer or claims handler improve the bottom line. The strategy involves covertly observing and videotaping a claimant and then comparing the claimant's activity on the resulting tape to their allegations of disability. It includes selecting candidates for surveillance, controlling costs, conducting surveillance legally, and using videotapes as evidence. This guide is for all levels of claims handlers as well as attorneys and risk managers. Identifying a MalingererClaims handlers are often kept in the dark as to the extent of a claimant's disability. In some cases, surveillance may provide evidence that a claimant is malingering, while other times it may help confirm the disability. When considering the use of surveillance, refer to the following indicators to identify the likely candidates.
Red Flags- Claimant is never home to answer the phone or is "sleeping and cannot be disturbed."
- Claimant has a history of malingering.
- Injury coincides with layoffs or a plant closing.
- Leads from co-workers suggest that your subject is active in sports or other activities.
- No organic basis for disability. All indications are that the subject has made a full recovery.
- Claimant has a history of self-employment and/or is a tradesman (carpenter, electrician, etc.) who might readily work for cash while feigning disability.
- Excessive demands for compensation.
- Rehab reports indicate a healthy looking claimant.
- Claimant receives mail at a post office box and will not divulge the actual address of his/her residence.
- Claimant has moved out of state or country.
- Disability beyond that normally associated with claimed injury.
- "Dueling Doctors." One says the claimant is disabled, the other says no.
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