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Using Video in Workers’ Compensation
In addition to enhancing security and
preventing theft, video surveillance systems can also help employers manage
workers’ compensation claims.
Cameras Where?
No federal law prohibits video monitoring of the workplace, even if employees
do not know or consent to monitoring. Only two states, Connecticut and
Delaware, require employers to disclose monitoring to employees. Elsewhere,
employees generally have no privacy rights in "public spaces." However, in
areas where they have a "reasonable expectation of privacy," such as an
enclosed office, rest room or locker room, courts typically rule in favor of
employees’ privacy rights. Otherwise, if the general public (or any employee)
has free access to an area, an employer can probably record video there.
Audio recordings might be a different thing, though. If your
video equipment records sound as well as images, wiretapping and eavesdropping
laws might apply. Federal law and the majority of states permit recording of
phone calls and other electronic communications with the consent of at least
one party. The state of California requires all parties to a conversation to
consent to being recorded. Employers should disclose that employees might be
subject to audio and video recording while on company property. For further
advice, please contact an employment attorney.
To control costs, you will probably want to begin by placing
video cameras in high-risk areas. Depending on your circumstances, this could
be:
- On the dashboards of
company cars or trucks. Some dash cameras have sensors that allow them to
activate when the vehicle does certain things, such as reaching a certain
speed, going out of control, etc. Dash cameras can record the location and
speed of the vehicle and can provide valuable evidence for investigating
an accident.
- In parking lots and
stairwells. Injuries that occur on your premises — including parking
lots — might fall under your workers’ compensation policy. If employees
claim workers’ compensation benefits for a slip-and-fall injury sustained
in the parking lot, video footage can either support or rebut their
claims.
- In hazardous work zones.
Video cameras can ensure employees wear protective gear and follow safety
procedures.
Improving Behavior
Organizations that use video surveillance systems have found
them useful in disputing fraudulent or exaggerated claims. On the other hand, when
a legitimate accident occurs and there are no witnesses, a video recording can
help ensure an employee get the benefits he/she needs and deserves.
Installing video cameras can do more for employers than just
providing evidence for claims. Researchers from Brigham Young University and
Massachusetts Institute of Technology have found that theft monitoring
information technology products also helped restaurants prevent fraud by
changing employee behavior. The take-home? When employees k now they’re being
watched, they have less temptation to cheat. This has implications for workers’
compensation claims as well. Employees who know they might be watched are less
likely to disregard safety precautions and cut corners on the job.
Safety Improvement
Video cameras can also bring awareness to safety hazards. By
showing events that led to an accident, a video recording can reveal contributing
factors. Whenever an accident occurs, safety managers should review any
available surveillance recordings to determine if there are any patterns. For
example, in a slip-and-fall accident, have other people had near-misses due to
wet or slippery floors in that area?
For
more information, please contact the PCOC Insurance Program department of EPIC
(formerly The Leavitt Group) at (877)
860-7378 or, email us @ ProPest@Leavitt.com. |
