Surveillance in the Age of Social Media

30th March 2023
Category Compensation

Social media posts can produce damaging “own goals” for injured people seeking damages for an injury. The RMB Compensation Division explains.

Instagram, TikTok, Facebook and LinkedIn are just some of the ways to stay connected in the online world.

Many of us use these platforms to share our lives and experiences with our families and friends, posting pictures of the places we visit, interesting clips, social events and family catch-ups.

In a busy world, social media is an important tool for keeping in touch with others.

Social media usage also creates a large amount of data, and we often don’t consider who else might see it and in what circumstances they might come looking.

If you have been injured and there is an insurer involved in your claim, it may surprise you to know that your data would likely be routinely mined for information by investigators working for an insurance company.

In the increasingly online world, investigators often don’t need to follow someone around with a camera to find out how an injured person is spending their days; they can find out from the comfort of their own home or office.

It is therefore important to be aware that whatever you post can likely be seen. If you sustain an injury which results in an insurance claim, almost certainly it will not just be your friends watching your feed. People will be following you on social media who are not there for the usual social reasons!

Under such a backdrop, it is important to be aware and to take care about what is posted about you, particularly after sustaining an injury. Images and posts of people engaged in various activities are used by insurers to try and create a defence to a claim or raise doubt about an individual’s credibility.

It can be dangerous to assume that there is nothing to be concerned about. I have seen numerous examples of situations being twisted, and what may seem innocuous can be turned into a significant issue impacting on the compensation claim.  That can seem unfair, but personal injury claims are a heavily contested playing field, so it is wise to avoid social media “own goals”.

If you have been injured at work, in a car accident or due to somebody else’s negligence and are worried about what you have been posting on social media, or simply need advice from experienced professionals, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.

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