Long gone are the days when social media was the province of teenagers. In April of 2021, the Pew Research Centerreleased results of a survey finding that 72% of people nationwide have at least one active social media account—and the fastest growing group of users is senior citizens. It makes sense, social media can be a useful tool to share your life with friends and family.
However, if you have an open workers’ compensation claim in California, you should be exceedingly careful about what you share on your social media accounts. In this blog post, our Fresno workers’ comp lawyer explains why you need to be cautious when posting things on social media while your workers’ compensation claim is still open.
Anything You Post on Social Media is Admissible in a Workers’ Comp Claim
To start, it is important to clarify that all of your social media posts are considered part of the public record. In effect, this means that your employer, an insurance company, and any other party can use your social media posts in a legal case—including in a workers’ compensation claim. Even if you have strong privacy, your social media posts are still considered part of the public. Do not share anything on social media that you would not feel comfortable sharing directly with the parties who will decide your workers’ compensation claim.
Social Media Posts Can be Taken Out of Context
You may be wondering: Do I really need to worry about what I post on social media while my workers’ comp claim is open? The answer is ‘yes’—and the primary reason is because the things you share could easily be taken out of context to paint a misleading picture.
Consider the following example: A construction worker in Fresno suffered a back injury in a fall accident. He is currently pursuing workers’ comp benefits. A claims administrator locates his social media and sees lots of pictures of outdoor activities. Does that mean the employee’s back injury is not as serious as originally claimed?
Of course, the answer to that question is impossible to know based on a few pictures alone. Still, injured workers who have complicated cases do not want to give insurance companies or claims administrators any reason to scrutinize, or potentially deny, their workers’ comp benefits.
Tip: The best thing you can do to protect your rights is to simply stay off of social media while your California workers’ comp claim is pending.
Get Help From a Workers’ Compensation Attorney in Fresno, California
Joseph C. Yrulegui is a top-rated California workers’ comp attorney. With experience navigating the claims process, Mr. Yrulegui is prepared to help you seek the full workers’ comp benefits you are due. Give us a call now or reach out to us online for immediate assistance. From our Fresno law office, we represent injured workers all over the area, including in Fresno County, Kings County, Tulare County, Monterey County, San Benito County, and Mariposa County.