In today’s digital age, social media is a part of daily life for most of us. Platforms like Facebook, Instagram, and Twitter make it easy to share moments, connect with others, and express yourself. However, if you’re an injured worker in North Carolina navigating a workers’ compensation claim, social media can become a double-edged sword. What you post—or even what you like—could affect the outcome of your case.
Here are some essential tips to protect your claim while staying active online
1. Avoid Deleting or Deactivating Your Accounts
You might think the safest route is to shut down your social media accounts altogether. Unfortunately, that can potentially lead to complications. In North Carolina, you can be required to preserve evidence that may relate to your claim, even if you think it’s harmless. Deleting posts or accounts could be considered spoliation of evidence depending on the facts of your specific situation.
Spoliation occurs when someone destroys or hides evidence that could be relevant to a legal matter. If you delete social media content, it might raise suspicion that you had something to hide, even if the deleted material was innocent. This could potentially impact your credibility and even lead to legal penalties.
Instead of shutting down accounts, it is advisable to focus on using social media wisely and thoughtfully.
2. Be Careful What You Post
Many things posted on social media could potentially be misinterpreted and used against you in your workers’ compensation case.
For example:
- Photos: Posting pictures of yourself engaging in physical activities, even light ones, could be used to argue that your injury isn’t as severe as you claim.
- Comments: Casual comments like “Feeling better today” might be taken out of context by insurance companies or insurance defense attorneys.
- Check-ins or Events: Sharing your location or attending events might also create a perception that you’re more active than your injury allows.
A good rule of thumb:
If you wouldn’t say it directly to the insurance adjuster or insurance defense attorney, or a workers’ compensation judge, it may be advisable to avoid posting it online.
3. Limit Likes and Interactions
Even liking or sharing posts can sometimes create problems. For instance, liking a post about a strenuous activity or vacation might give the impression that you’re more capable than you’ve claimed. Be mindful of every click— remember it’s all part of your online footprint.
4. Keep Security Settings High
Review the privacy settings on all your social media accounts and set them to the highest possible level. Limit who can see your posts, photos, and profile details. While this won’t guarantee complete privacy (courts can sometimes allow parties to subpoena social media records), it adds a layer of protection by keeping nosy outsiders from accessing your personal life.
5. Think Before You Engage
The best approach is often to strongly consider keeping your social media activity to a minimum during your workers’ compensation case. If you’re unsure about whether a post or interaction might affect your case, err on the side of caution and avoid it altogether.
By using these strategies, you can help protect your legal rights and ensure your social media presence doesn’t interfere with your claim. If you have questions about your specific situation, it’s always a good idea to consult an experienced workers’ compensation attorney.
Remember, in the digital age, discretion isn’t just smart—it’s essential.
