Just today I had a client in my office and I asked her how her ski vacation went last weekend. She looked at my in surprise; she hadn’t mentioned it to me. I then turned my computer screen around and showed her various pictures posted to the Facebook pages of her children, husband and he own; keeping in mind that I don’t “friend” my clients. Though she had nothing to hide because she sat in the lodge knitting while her family went skiing, she thought her facebook settings had been set to private.
I have a tip for all of you, I can view many and sometimes all of your facebook pictures whether I’m your friend at not…and so can the insurance company, your employer and the insurance company attorneys. Now would be a good time to deactivate your Facebook account or find a teenager who knows how to set your Facebook settings to private.
The jury is still out how and whether Facebook images and pages are admissable in a workers compensation hearing. My wife who is a civil litigation attorney who sees this more often then we do in work comp, and some judges do allow Facebook entries in jury trials.
In a recent workers compensation case in another state, an injured worker’s Facebook pages were admissable and allowed into evidence. In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”
If you have sustained work related injury, don’t wait for the insurance company to deny your claim because of snooping on your Facebook. We offer free consultations every day to injured workers like you. Often times we can add insight and tips to help injured workers with their ongoing claims without the need to even retain our services. We NEVER charge a fee unless we recover benefits for you. We look forward to the chance to team with you and assist with your claim. Contact an attorney with Atkinson Law Office and Minnesota Disabilty today. 651-333-3636. We meet clients throughout the state of Minnesota and in our metro locations where we have free parking and an experienced staff.