Yes. And they do this in many cases. They hire investigators to sit outside your house or somewhere on your street- usually in a tinted windowed van. They are trying to determine if you are doing anything outside your medical restrictions. They cannot come onto your property but they can be on the street or public property. They may even follow you in your car to see what you are doing. The investigators send reports about what they viewed, to the insurance company, who then may forward it to the attorney for the employer/insurer to possibly use in litigation.
Most people, of course, are not out playing basketball with a disabling back injury. However, every now and then, they will catch someone doing something rigorous and that will pretty much end the case. In many cases, the insurer will make a big deal out of an injured worker going to the grocery store and carrying a bag of groceries- as if they can therefore do their 8 hour per day job. The two don’t equate.
I have had very few cases in my 11 years of handling PA workmans comp cases where a surveillance video had a great impact in a case. But insurance companies like to do this, as they tend to be cynical. Of course, we never hear about the 95% straightforward people on the news or in the media- we just hear about the jokers who are gaming the system. So, there tends to be more prejudice than is justified by the realities.
If you have more questions about surveillance and PA Work Comp, call experienced PA work comp lawyer Michael W. Cardamone for a free consult at 215-206-9068 or email Michael@cardamonelaw.com for a prompt reply.