Surveillance doesn’t mean your case is doomed, but you need to be cautious. Contact The Law Office of James M. Hoffmann today.
If you’re receiving workers’ compensation benefits or have filed a claim in Missouri, you might wonder—can they spy on me? It may sound paranoid, but in reality, surveillance is a common tactic used by insurance companies. The goal? To catch injured workers doing something that contradicts their reported injuries—and deny or reduce benefits.
So, is it legal? Yes, to an extent. And if you’re not careful, it could cost you your claim.
Why Insurance Companies Use Surveillance
Workers’ compensation insurers have one goal: minimize payouts. They may hire private investigators to observe your behavior when they suspect fraud or inconsistencies in your medical records or daily activities. This includes:
- Taking videos or photos of you in public
- Following you to medical appointments, the grocery store, or even to your kid’s soccer game
- Monitoring your social media activity for evidence that contradicts your injury claims
These methods are typically legal as long as they don’t invade your reasonable expectation of privacy. (Read more about Missouri’s invasion of privacy law)
What the Law Says in Missouri
Under Missouri law, there is no statute explicitly forbidding private investigators from observing someone in public. Surveillance is generally considered legal as long as it occurs in a public space and does not involve illegal methods (like wiretapping or trespassing).
That means workers’ comp insurance companies can:
- Conduct video surveillance in public
- Monitor your movements, interactions, and behaviors outside your home
- Use footage as evidence in your case
However, if surveillance becomes harassment or intrudes on your private property, you may have legal grounds to fight back. (See Missouri trespass laws for more)
Social Media Is Fair Game
Think your Facebook, Instagram, or TikTok is private? Think again.
Even if your profile is set to “friends only,” anything you post online can be used against you in a workers’ comp claim. Insurance investigators may take screenshots or collect information that suggests:
- You’re more physically active than you claimed
- You’re engaging in work or hobbies that contradict your restrictions
- You’re exaggerating your injury or symptoms
In Missouri, courts have allowed social media content to be admissible evidence, especially when it conflicts with medical reports or claimant testimony. (Review Missouri’s stance on digital evidence)
Can They Follow You at Work or Home?
Surveillance on private property is where the line gets blurry. Investigators cannot legally enter your property or record you through windows without consent. However, they can sit in a public area—like a car on the street—and record whatever they can see from a public vantage point.
If you’re working a second job, doing yard work, or carrying heavy items in public, that footage can be submitted to dispute your claim. (Missouri’s privacy expectations in the home)
What You Can Do If You Suspect Surveillance
If you feel like someone is following you or watching your home:
- Document the activity – Write down dates, times, and license plates.
- Avoid confrontation – Don’t approach or engage a suspected investigator.
- Talk to your attorney – Let them know what’s happening and ask if the surveillance may impact your case.
- Be consistent – Always follow your doctor’s restrictions on and off the record.
An experienced workers’ compensation attorney can evaluate whether surveillance footage is being used unfairly or illegally—and help challenge it in your claim.
Don’t Let Surveillance Cost You Your Benefits
Surveillance doesn’t mean your case is doomed, but you need to be cautious. Many injured workers unknowingly give insurers the necessary footage to question or deny benefits.
The Law Office of James M. Hoffmann has been defending injured Missouri workers for over 30 years. We know every trick insurance companies use—and how to fight back. If you believe you’re being watched or your benefits are at risk, don’t wait.
Call us today for a free consultation and protect your right to compensation.