Function

• To determine whether the claimant's injury and/or disability are genuine, employer/respondents sometimes utilize private investigators to actively trail and observe claimants' activities. If an investigator observes a claimant participating in strenuous physical activity, the respondent may challenge the legitimacy of the claimant's injuries and the worker's comp claim.
  
  

Features

• As part of a W-8 investigation, an investigator may follow and observe a claimant to determine if the claimant is forging or embellishing the nature or severity of his injuries. The respondent may use any information an investigator collects to challenge the claimant's comp claim.
  
  

Recordings

• Investigators are permitted to photograph and record their observations using cameras, video camcorders and similar equipment. However, the respondent is responsible for providing the claimant with genuine copies of these recordings during discovery.
  
  

Warning

• Investigators may only monitor claimants who are "in plain sight," meaning the subject is easily observable in a public setting. While an investigator may observe a subject outside of his home -- for example, in the front yard -- she may not peer through windows, enter private residences without permission or use invasive equipment, such as infrared monitors, during surveillance.