If you were hurt at work, you may be entitled to benefits and medical expenses reimbursement through the Massachusetts workers’ compensation system. Our Boston-based team of work injury lawyers has handled a wide variety of injuries on behalf of workers throughout the state. As a result, we have encountered countless different issues and legal challenges when helping our clients ensure that they are treated fairly and receive the outcomes that they deserve.
One issue that often comes up in workers’ compensation claims is surveillance footage. Insurance companies don’t always have the worker’s best interests in mind, so they will frequently enlist the help of surveillance companies and private investigators to obtain footage that shows the claimant behaving in a way that suggests he or she is not injured. In a recent appellate claim, the Massachusetts Court of Appeal upheld a lower court’s award of benefits that was based in part on surveillance footage that showed the injured worker fishing.
An impartial medical examiner initially stated that the employee could work on a limited part-time basis for only four hours a day. The video surveillance showed the employee actively engaged in fishing, however, which led the examiner to change his testimony to state that the employee would be capable of sitting and standing for five to six hours and that he could work 30 hours per week. The judge credited this testimony and made an award of benefits based on the examiner’s findings.