Tag Archives: social media

Can Social Media Participation Impact Your Benefits?

Many of us are enamored with social media. It is a wonderful way to communicate with those across the country, around the world or right around your block. It is a way to keep with touch with friends, acquaintances and even professional colleagues. However, in our world of ever increasing technology, there are ever increasing risks. We have seen time and time again on the nightly news reports stories of cyber crime, internet scams, child predators and the embarrassing things people post on the world-wide web. We often try to impart this knowledge to our children as their youthful indiscretions can come aback to haunt them as they start applying for jobs as employers regularly now google potential candidates. Websites such as MySpace, Instagram, Twitter and Facebook, while entertaining and useful, can also put injured workers at risk. It is easy to forget that a photo posted on social media can come up on many internet searches. It is easy to forget that the internet is not part of the private sphere but is the public square. It is also easy to forget that anyone can create a profile and seek to join anyone else’s network of “friends” on one of these sites.  That includes investigators who work for insurance companies and defendants attorneys.

By applying for benefits, you are stating that you are injured and are unable to work or only able to perform part-time or intermittent work. Information available on the internet that appears to contradict your application for benefits can result in your being denied benefits or even result in a fraud charge being leveled against you. This could be information about your professional or personal accomplishments, a home-based business, or even volunteer activities, which may be no longer current or may not accurately reflect your level of functioning since your injury. Those pictures of you on vacation in Jamaica doing the limbo might be entertaining but they could also put you at great risk if you are indicating a disability. These types of stories appear regularly in the news media. Furthermore, and even more importantly, recent court decisions around the nation and even in New York have ruled that plaintiffs may have to permit defendants access to their social networking sites and even their hard drives for analysis.

Therefore it is imperative that if you are applying for benefits based upon a disability be it workers’ compensation, social security disability or even for negligence to be cautious when posting anything about yourself on the internet.  This includes photographs, statements, travel plans, and commentary about your own social activities.  Furthermore, we cannot stress enough to take care when accepting new persons into your internet social networks.  Make sure you actually know who you are opening up yourself to, for they may not be the person you think they are, and could be in the employ of an insurance carrier.

Finally, it is extremely important that all persons using social networking websites such as Facebook and MySpace make sure that the privacy settings for their profiles are set to the maximum. On Facebook this should prevent a person’s profile from being found even if their name is searched. The bottom line is if you are disabled, you should never engage in any activity contrary to your injury as one funny moment in time on social media can impact you for your entire life. 

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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.

Today’s post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

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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Facebook Dangers You Need To Know About

Our post for today comes from our colleague Brody Ockander of Nebraska.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. 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.

Depending on your privacy settings, 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.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may 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 the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

  1. Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading

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