After you’re injured at work, the last thing you want to worry about is whether or not a photo you post on social media will damage your case. Unfortunately, that’s the world we live in. Defense attorneys know that most of us share every aspect of our lives online, so that they will dig through any social media account they can find to gather evidence on why they shouldn’t pay you.
It can be hard to believe that the insurance companies would stoop this low, but one of our clients experienced it firsthand. She had a 10-second video, shot by her child, of her hugging her spouse after returning from seeing her mother, who was terminally ill.
The defense attorneys took that video and tore it apart for evidence. Soon they were asking questions such as “You seem to be moving okay, are you sure you’re hurt?” and “You seem to be carrying a bag; how much did it weigh?” These questions have the potential to save their clients tons of money — which is why it’s important not to give them anything to work with in the first place.
This may feel like a huge invasion of privacy, but the truth is they don’t see it that way because you are volunteering this information. Regardless of whether or not your profile is public, there’s still a good chance an attorney will find it. That’s why the best course of action is temporarily disabling your social media accounts while your case is ongoing.
Here are some more details to help you understand the basics of social media usage in legal proceedings.
Social Media Privacy Issues
If you’re not careful, your employer or insurer may find out about your social media posts through this process. So, keep your social media privacy settings private.
Also, if you post anything considered libelous (defamatory), slanderous, obscene, pornographic, or otherwise illegal, you risk having your account suspended or deleted.
When you join their organization, your employer or insurer may ask you to sign a non-disclosure agreement (NDA). An NDA prevents you from disclosing your job duties, work environment, or coworkers.
Finally, some employers or insurers may require you to sign a confidentiality agreement. These agreements prohibit you from revealing confidential information about your employer or insurer.
Keep these things in mind when posting content on social media sites. And remember, if you ever feel uncomfortable sharing personal details online, consider deleting your social media profiles altogether.
If You Post Photos or Videos Online, They Might Become Public Record
Social media sites like Facebook and Twitter allow users to post photos and videos online. These posts may be public records, meaning anyone who views them can access them. If you’re injured at work, your employer may use these posts as evidence against you.
Employees should never post photos or videos of their work on social media sites because this violates their privacy rights. However, if you’re injured at your job, your employer may use your social media posts as evidence against you in court.
To avoid having your social media posts become public records, keep your profile private and only share content related to your personal life. Don’t post anything that would embarrass you or your family. Also, don’t post anything that contains sensitive information, such as your address, phone number, email address, or credit card number.
Your Privacy Settings Can Affect How Much Information Gets Shared
Social media sites like Facebook and Twitter allow users to share information publicly or privately. When you post content online, you share it with everyone who visits your profile. However, there are privacy settings that control exactly what information gets shared.
If you use these privacy settings correctly, you may be able to protect yourself from being sued for defamation or libel. But if not, you may face a lawsuit for slander or libel.
There are two main ways to limit what information gets shared. First, you can set your privacy settings to private. Private posts only appear on your profile, and no one else sees them unless you invite them to view them. Second, you can remove specific posts from your timeline.
Protecting Your Online Identity
Social media sites like Facebook, Twitter, Instagram, Pinterest, LinkedIn, Google+, YouTube, and others allow users to share personal details about themselves. These details include photos, videos, posts, comments, likes, followers, and friends.
When you post these details publicly, anyone who visits your profile can view them. This includes not only your family members and friends but also the public. And because this information is available online, it’s considered a public record.
You may be entitled to workers’ compensation benefits if you’re injured at work. To receive those benefits, you must prove that your injury was job-related. So if you’ve been hurt at work, you must protect yourself by keeping your social media profiles private.
This means that when you log onto your social media account, you should never post anything that would identify you as being employed by a particular employer.
