Can Using Social Media Ruin Your NY Workers’ Comp Case?

Love it or hate it, there is no doubt that social media is here to stay.  If you’ve jumped into the fray and opened a Facebook, MySpace, Twitter, or other social media account, you may enjoy being able to communicate freely with your friends.

However, social media – like all things – has its downfall.  If you are trying to get workers’ comp benefits after an on-the-job accident in New York, or if you already have benefits that you want to keep, you may want to be mindful of what you say through your social media accounts and who you’re saying it to.

There have been cases where workers’ comp claimants have lost their benefits or had benefits denied because of things they are posting on Facebook or Twitter.  If you are claiming that you are too injured to work because you can’t walk without crutches, but you post on Twitter that you are going on a 3 week hiking tour of the Swiss Alps, then you deserve to be caught.

But if you have a legitimate disability, maybe a tricky one like serious migraine headaches or a bad shoulder that acts up periodically, you may post about an activity you engage in when you’re having a “good” day – and a benefits processor or judge may take your post to mean that are not hurt and are making it all up.

Obviously the best defense is to never lie – don’t try to cheat the workers’ comp system.  But, if you are injured and you do use social media – check that your privacy settings are restricted to friends and be mindful of what you share.