Tag Archives: social media

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Facebook Pictures’ Use Evolving in Workers’ Compensation Cases

Today’s post comes from guest author Brody Ockander, from Rehm, Bennett & Moore.

In the past, I have warned about the possible pitfalls of social media on a workers’ compensation claim.

However, the Nebraska Workers’ Compensation Court has never really ruled on Facebook in the context of discovery matters in a work comp claim, meaning how much access can your employer have to your Facebook account if you file a workers’ compensation claim? 

Recently, however, the Nebraska Workers’ Compensation Court (at least one judge) has taken the position that in order for your employer to gain access to photographs from your Facebook profile, it must “make a showing of the necessary factual predicate underlying [the] broad request for access.” In other words, your employer must have a decent reason to suspect that a certain photograph or something from your Facebook account has the potential to be relevant to the work comp case before the court will simply grant full access to your Facebook account to your employer.

Therefore, depending on your situation, your Facebook may be safe from your employer to some degree. However, this is a cautionary tale to remind you that even though your employer cannot simply have blanket access to all of your Facebook photos – at least according to one Nebraska judge – it does not mean that your Facebook photos or posts are necessarily safe from your employer gaining access to them at some point during your work comp case. I think the judge in this case takes a step in right direction, but you still must be aware that anything you put on Facebook may be subject to discovery (i.e., your employer may still possibly get access to it) at some point in the future.

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Why Injured Workers Should Deactivate Their Social Media Accounts

Your private photos could be used against you by insurance companies.

Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world. Unfortunately, the information you or your connections post on your social networking sites can cause your workers’ compensation claim to be denied.

The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages.

For example, Zack Clement suffered a hernia when a refrigerator fell on him while he was working at a warehouse in Arkansas. After undergoing three surgeries and receiving work comp benefits for a year, Zack took his case back to the Arkansas Compensation Commission to get an extension of his benefits. The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages. The Arkansas Court of Appeals upheld the Commission’s decision, noting Zack’s claims of excruciating pain were inconsistent with the pictures of Zack drinking and partying.

In Iowa, the Workers’ Compensation Commission has also relied on Facebook posts to deny an injured worker benefits. Jody McCarthy had a debilitating back condition that she claimed was aggravated by her work. The deputy commissioner noted that Continue reading

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How Your Facebook Activity Can Hurt Your Workers’ Compensation Claim

Today we have a guest post from my colleague Brody Ockander of Nebraska.

If you are reading this, chances are you’re on Facebook. If you aren’t on Facebook, the chances are you are on MySpace or Twitter, or have a very close friend or family member who uses these websites.

Most of us don’t think twice about what we post on social media sites like these. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

“What do I have to hide?” you ask. Well, these status updates, photos, or wall postings may often be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep. That may be the price you paid for mowing that lawn, but there’s no record of your pain and suffering on Facebook, just evidence that you were somehow able to do it.

Here’s what you can do to avoid some pitfalls from Facebook and other social networking site:

  1. Adjust your privacy settings Continue reading