Can the workers' comp insurance company really watch me and check my social media?

Q: Can the workers' comp insurance company really watch me and check my social media?

Yes. Insurance companies legally use "sub-rosa" video surveillance and review public social media to check if your activities match your reported injury limitations. This is legal as long as they don't trespass or harass you. The best protection is simple: always tell the truth about what you can and can't do, and live consistently with those limits everywhere.

What is "sub-rosa" surveillance?

Sub-rosa is a Latin term meaning "under the rose," or secretly. In workers' compensation, it refers to video or photo surveillance that an insurance company hires an investigator to conduct on an injured worker without that worker's knowledge. Investigators may film you doing errands, yard work, exercising, or picking up your kids from school. They typically film from public property, such as a street or sidewalk, and California law generally allows this as long as they don't trespass on your private property or record you inside your home.

This surveillance often happens when a claim involves a significant dispute, a high-value injury, or when the insurance company suspects the reported limitations don't match daily life. Insurers may hire investigators around the time of an Agreed Medical Evaluation (AME) or Qualified Medical Evaluator (QME) appointment, since footage showing you moving easily right before an exam where you report severe pain can be used to challenge your credibility.

*This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.*

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.

Can the workers' comp insurance company really watch me and check my social media?

What is "sub-rosa" surveillance?

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