Many people in Pennsylvania use some form of social media. Whether you keep in touch with friends via Facebook or post daily photos over Instagram, there is no doubt that social media has become engrained in our culture. Although posting photos of the meal you cooked last night may be harmless, liberal use of social media in other circumstances is not always in your best interests.
In fact, social media posts can be used as evidence in legal cases, including workers’ compensation cases. For this reason, it may be smart to avoid social media, or limit the topics you discuss, if you are working through a workers’ comp claim.
What do we mean when we say that social media posts can be used as evidence? Consider the following scenario: You were hurt in a workplace accident and seriously injured your shoulder. You have filed a claim for workers’ compensation, but your claim has not yet been approved by your employer’s insurance company. You and your family go on a vacation, and you or someone else posts pictures to social media of you rock climbing — an activity that requires a strong, healthy shoulder.
As your employer’s insurance company investigates whether to approve your claim, there is a good chance it will check out your social media page. If it finds photos of you rock climbing when you are supposed to have a shoulder that is injured so badly you cannot work, it can use those photos to show that you do not need workers’ compensation.
Although it is perfectly legal to post about your workers’ comp claim on Facebook, doing so could put you at risk for a denied claim. If you are seeking workers’ compensation after an accident, it may be wise to work with an experienced attorney who can help you through the process and give you an even better understanding of how social media can impact your claim.
Source: FindLaw, “Can You Talk About a Workers’ Comp Claim on Facebook?” Le Trinh, Esq., March 25, 2015