If you have an open workers’ compensation or L&I claim in Washington State, there’s something important you need to understand: you may be under surveillance.
The Department of Labor and Industries and self-insured employers regularly hire private investigators to follow injured workers, document their physical activity, and look for inconsistencies between what you report to your doctors and what you actually do in your daily life.
This isn’t meant to scare you. In fact, if you’re being honest about your injuries and limitations, surveillance shouldn’t be a concern. But understanding how this process works—and why consistency and honesty matter—can help protect your claim and your benefits.
Yes, Insurance Companies Can Legally Watch You
It may feel like an invasion of privacy, but surveillance of workers’ compensation claimants is legal in Washington State. Private investigators hired by L&I or self-insured employers can:
• Follow you in public places
• Take photos and videos of your activities
• Monitor your social media accounts
• Talk to your neighbors, coworkers, and family members
• Document anything you do that’s visible from public areas
Investigators are highly trained professionals. You likely won’t know you’re being watched. That’s why the best approach is to assume you could be under surveillance at any time once your claim is open.
What Investigators Are Looking For
The goal of surveillance is simple: to find inconsistencies between what you report to your medical providers and/or L&I/self-insured employers an what you actually do.
For example, if you tell your doctor that you can’t lift more than 10 pounds due to a back injury, but an investigator films you loading heavy boxes into your car, that footage could be used to challenge your claim. Even a single photo taken out of context—like bending down to pick up your child—can create problems if it contradicts your reported limitations.
Investigators specifically look for:
• Physical activities that exceed your doctor’s restrictions
• Signs that you’re working while collecting time-loss benefits
• Social media posts showing activities inconsistent with your injury
• Any evidence that suggests your injury isn’t as severe as reported
The Key Is Honesty and Consistency
Here’s what many injured workers don’t realize: surveillance only becomes a problem when there’s a disconnect between what you report and what you do.
When you communicate honestly with your doctors about your pain levels, limitations, and daily activities, your behavior in public will naturally match your medical records. If surveillance reveals that you’re living within your reported restrictions, nothing will come of it.
This is why it’s so important to:
Be accurate with your doctors. Don’t exaggerate your symptoms, but don’t downplay them either. Describe your pain and limitations honestly and specifically. If you have good days and bad days, explain that. If certain activities make your pain worse, say so.
Follow your doctor’s restrictions. If your doctor says not to lift more than 20 pounds, don’t lift more than 20 pounds—even if you think you can handle it “just this once.” Those restrictions exist for your recovery and your claim.
Be consistent. Your behavior should match your reported limitations every day, not just when you think someone might be watching.
Working While You Have an Open L&I Claim
One of the most serious issues we see is injured workers who take on employment—even part time or under the table, or voluntary work—while receiving time-loss benefits without reporting it.
This can have devastating consequences. In Washington State, working while collecting L&I benefits without proper disclosure is considered willful misrepresentation under the Industrial Insurance Act (RCW 51.32.240).
The penalties are severe:
• You may be required to repay all benefits you received
• L&I can assess a 50% penalty on top of repayment
• You could face criminal charges (felony or gross misdemeanor)
• Your claim can be terminated
The bottom line: If you want to work while you have an open L&I claim, you must report it first. Discuss it with your medical provider and, equally important, your claim manager and make sure any work you do is approved and within your medical restrictions. There are legitimate situations where light-duty or modified work is allowed, but it has to be done the right way.
Be Careful on Social Media
Social media has become one of the easiest ways for investigators to gather evidence. Even with privacy settings, your posts—or posts you’re tagged in—can potentially be accessed or shared.
A photo of you at a family gathering, a check-in at a recreational location, or a comment about your weekend activities can all be taken out of context and used to question your claim. Our advice:
• Limit your social media activity while your claim is open
• Don’t post about your injury, treatment, or activities
• Ask friends and family not to tag you in photos
• Don’t accept friend requests from people you don’t know
How to Protect Yourself and Your Claim
The best protection against surveillance is simple: be honest, be consistent, and follow the rules.
1. Tell your doctors the truth about your pain and limitations
2. Follow all medical restrictions and treatment plans
3. Report any work activity or income to your claim manager and your doctor
4. Be mindful of your behavior in public—it should match your reported condition
5. Limit social media activity and be cautious about what you share
6. Keep your own records of your symptoms and daily limitations
When surveillance reveals behavior that’s consistent with your doctors’ reports, nothing will come of it. Your claim stays protected, and you can focus on what matters most: your recovery.
Questions About Your L&I Claim?
If you have concerns about surveillance, are unsure about your rights, or need guidance on how to handle your workers’ compensation claim, we’re here to help. At Staton Silber, P.S. we’ve helped countless injured workers in Washington State navigate the L&I system and protect their benefits.Contact us today for a free consultation. We’ll review your situation and help you understand your options.
