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.