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hd | Worker's comp? |
My friend from NY were talking the other day, he been on NY workers comp for years and he told me that he was washing dishes and was looking outside and someone was taking pictures of him in his house, can that hold up in court, if not doesnt it still make him look bad
Additional Details
he just call me and said his lawyer told him that he was seeing stuff because under a NY law they cannot take picture's inside of his house, lawyer said fines are very high to and he is 85% disable, Dr told him to do stuff. Lawyer must know his stuff he said he's one of the top in nyc |
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M G
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depends on his disability. What is it?
Seems like an invasion that someone is taking pictures of him while he is inside his house.
Does he have a lawyer he can consult with? |
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A decent answer
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When ever somebody is on work comp for what you say "years" it raises red flags to why your friend is not working? It depends on the issue. If there was somebody taking pictures of your friend washing dishes than it would be used as evidence. The camera man must be off your friends property but if he takes pictures across the street, that is perfectly legal.
Work comp adjusters use investigators to take pictures and follow the claimant while that claimant is off work. In my experience claimant's have been busted doing things that they shouldn't be doing whether it be outdoor recreations, mowing or even painting a house. Denpending on the injury all video evidence can be used in the court of law, if it's affects the case.
If your friend was caught washing dishes and he has a shoulder injury, it could be used, but the evidence could be considered weak since washing dishes doesn't require your friend to lift dishes over his head. Now if your friend was playing sports like flag foot ball or golfing, than yes, this would be fraud.
If you friend has a major back injury that requires him to be in bed resting 95% of the time, well, your friend shouldn't be washing dishes. |
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michaeltron2000
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I used to work for the workers' comp department at a staffing company. Their insurance carrier used to hire private investigators to tape claimants all the time. It depends on the laws in your particular state (I'm not familiar with NY law, and I'm not a lawyer), but typically if they have video evidence of someone doing something contrary to their injury claims, they'll just straight up deny the claim. So if he's going to physical therapy or has outstanding medical bills or anything like that, the insurance company will just stop paying. The burden will be on him to prove in court that they are responsible for paying. Yes, pictures and videos can and often do hold up in court, too. I'm not saying it's right, and I don't know if your friend has a legitimate claim or not, but the insurance company's objective is to pay out as little money as possible. If they can hire a PI to take a few pictures so they have an excuse to not pay the bills any more, they'll do it. Workers' comp wages are usually paid by the employer, not the state (again, I'm not familiar with NY state law). Usually state law will say something to the effect that the employer is required to find suitable work taking into account the employee's injuries. So if a construction worker falls and breaks his leg but is still capable of stuffing envelopes in the office, they can usually have him do that and only have to pay 2/3 of what he was earning before! Then they'll look for some reason to fire him, like showing up for work late or something, and then they don't have to pay anything! If your friend has a legitimate claim, he should probably get an attorney. If not, it looks like his gravy train has reached the end of the line. |
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Tim
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Can you say INSURANCE FRAUD? |
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mbrcatz
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Well, MY opinion is that anything that can be seen from the street - like you in the window washing dishes - is fair game. As long as the PI isn't on your property.
*I* think it will hold up in court, but I"m not an attorney. |
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T
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It can and will hold up in court. If he is claiming that he is unable to do certain activities and is actually able and doing them, then they have hired a detective to follow him and gather information. They could even possibly use this to have monies returned to them based on the factual photos showing that the disability does not exist. This is considered fraud and does come with possible fines and incarceration for his role in the fraud. |
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