Workers Comp Surveillance Colorado – Social Media and Insurance Investigations Explained

If you’ve been hurt on the job in Colorado and filed a workers compensation claim, there’s a good chance someone is watching. Insurance companies and employers routinely use surveillance—including monitoring your social media—to find reasons to dispute, reduce, or deny your benefits. Understanding how this works can help you protect your claim and your rights.

Quick Answers: Can Colorado Workers’ Comp Insurers Watch You and Your Social Media?

Yes, they can—and they often do. In Colorado, workers comp surveillance is legal within certain limits. Insurance companies, employers, and their hired investigators regularly monitor injured workers in public places and review their online activity. Industry estimates suggest that 70-80% of insurers now routinely check public social media profiles when evaluating claims.

Here’s the key point: anything you post publicly online can usually be used against you in your workers comp claim. A vacation photo, a check-in at a local park, or even a comment on a friend’s post can become evidence that an insurer uses to argue you’re not as injured as you say.

Johnston Law Firm, LLC in Pueblo helps injured workers across Colorado—including those in Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties—deal with surveillance tactics and protect their claims. This page focuses on law-abiding injured workers (not people trying to commit fraud) and explains how surveillance, social media monitoring, and insurance investigations can still hurt an honest Colorado workers’ comp claim.

If you’re worried about surveillance or a fraud investigation, don’t wait. Call Steve Johnston at (719) 309-9484 or message us securely through our online contact form right away.

Colorado Workers’ Comp Fraud, Surveillance, and the Law

Colorado law takes workers compensation fraud seriously. Making false statements to obtain benefits is a felony under state law. But here’s what many honest workers don’t realize: aggressive surveillance sometimes leads to unfair accusations against people who haven’t done anything wrong.

The Colorado Division of Workers’ Compensation (DWC) is an official office that operates a Fraud Investigation Unit—another official office—responsible for investigating claims when they suspect inconsistencies, exaggeration, or misrepresentation of injuries. Insurance companies also conduct their own investigations, often hiring private investigators to gather evidence.

Common legitimate reasons your claim may be scrutinized include:

• Conflicting or inconsistent medical reports

• Delayed reporting of your injury to your employer

• Disputes about how the accident happened

• Tips from coworkers or supervisors

• Prior workers comp claims on your record

Workers' compensation fraud is a felony punishable by jail time, fines, loss of workers' comp benefits, and having to pay back any benefits you wrongly received. Under C.R.S. 9-43-402, workers' compensation fraud is a class 5 felony, with penalties including 12 to 18 months in prison and a fine of up to $100,000. If convicted, you forfeit all rights to workers' compensation benefits. Workers' compensation fraud may also involve related offenses such as identity theft, especially if another person's information was used to obtain benefits.

A fraud case requires proof of intent—meaning the state must prove you willfully tried to defraud the system. However, insurers often start surveillance or social media reviews long before they have solid evidence of wrongdoing. They’re looking for anything that might give them a reasonable basis to question your claim.

Johnston Law Firm can step in early, communicate with the insurer on your behalf, and help prevent simple misunderstandings from escalating into fraud accusations.

Types of Workers’ Comp Surveillance in Colorado

Definition of Workers’ Comp Surveillance and Public vs. Private Spaces

Workers' compensation surveillance in Colorado refers to the monitoring and observation of injured workers by insurance companies, employers, or their agents to verify the legitimacy of a workers’ compensation claim. This surveillance is legal but regulated by privacy laws to prevent harassment. Surveillance is restricted to public spaces or areas where an individual has no reasonable expectation of privacy. In Colorado, public spaces include streets, parks, shopping centers, and other locations open to the general public. Private spaces are areas where a person has a reasonable expectation of privacy, such as inside their home, fenced yard, or private office. Investigators cannot enter private property or use hidden devices to record private conversations.

Understanding these definitions and boundaries is crucial for protecting your rights and knowing when surveillance may cross the line into unlawful conduct.

Physical and Video Surveillance

Investigators may follow claimants in public places, recording footage with high-definition cameras, long zoom lenses, and even night vision equipment. They might observe you at:

• Grocery stores or shopping centers

• Community events and parks

• Your neighborhood (from public streets)

• Job sites if you’re suspected of working while on disability

• Your child’s sporting events or school activities

Digital and Online Surveillance

This is where things have changed dramatically. Insurers now routinely review:

• Public Facebook, Instagram, TikTok, and X/Twitter profiles

• LinkedIn activity

• Snapchat (if content is shared publicly)

• Online forums, review sites, and community groups

• Geotagged posts showing your location

Record Checks

Investigators may also pull:

• Medical records and prior treatment history

• Previous workers comp claims

• Criminal history

• Employment records to look for inconsistencies

Important privacy limits: Under Colorado law, investigators generally cannot trespass inside your home or secretly record in places where you have a reasonable expectation of privacy (like bathrooms, medical exam rooms, or inside your fenced yard). But in public? Almost anything is fair game.

Even a few seconds of video or a single screenshot can be taken out of context and used to question the severity of your injury.

Social Media and Your Colorado Workers’ Comp Claim

Social media is now one of the first places insurers and defense lawyers look when they want to challenge an injured worker’s credibility. Posts, photos, videos, comments, “likes,” and even location check-ins can all be captured and used as evidence against you. Learn how your social media activity can impact your workers' comp claim and what steps you can take to protect yourself.

Real-World Surveillance Scenarios

Here are some real-world scenarios:

• A Pueblo worker on restrictions for a back injury posts a picture hiking near the Royal Gorge. The insurer argues this proves he can return to physical work.

• A Las Animas County claimant gets “tagged” in a family reunion softball game photo. Even though she was just sitting on the sidelines, the insurance company uses the image to question her claim.

• A Fremont County employee “checks in” at a local gym—even just to meet a friend—and the insurer argues this shows she’s not really injured.

What Insurers Don’t Tell You

What insurers don’t tell you: Smiling in a photo or attending a family gathering does NOT automatically mean someone is not in pain. Many people with serious injuries have good moments, push through discomfort for important events, or participate in limited activities approved by their doctors. But insurance companies often try to argue otherwise.

Privacy settings like “friends only” do not fully protect you. Information can be shared by friends, subpoenaed in legal proceedings, or viewed through mutual connections.

Critical Warning About Social Media

Critical warning: Never delete or destroy existing posts once a claim or dispute is active. This can be seen as destroying evidence and can seriously harm your case. Instead, get legal advice immediately from a Colorado workers’ comp attorney.

What Not to Do: Common Social Media and Surveillance Traps

Here’s a practical checklist of mistakes that can hurt your workers comp claim:

• Don’t post photos or videos showing strenuous activity, travel, sports, or heavy lifting while on medical restrictions—even if you feel “okay” for a few hours

• Don’t discuss your accident, symptoms, or treatment on social media, including conversations with your authorized treating physician or lawyer

• Don’t complain about your employer, coworkers, or insurance company online—these posts can be used to portray you as biased or vengeful

• Avoid check-ins at gyms, ski resorts, amusement parks, or anywhere associated with physically demanding activity

• Don’t make jokes about your injury or time off work—posts like “faking it to get a day off” can be taken literally and used to attack your credibility

• Don’t do yard work, home repairs, or other physical tasks that could be photographed or filmed from a public street

Need personalized guidance? Before posting anything related to your injury or activity level, call (719) 309-9484 or send a confidential message through our online form.

Recognizing When You Might Be Under Workers’ Comp Surveillance

Most Colorado workers never know for certain when they’re being watched. However, certain signs can suggest surveillance activity:

• Seeing the same unfamiliar vehicle parked near your Pueblo home multiple days in a row

• Noticing someone filming or taking photos in a public parking lot as you walk or carry items

• Strangers appearing at places you frequent (stores, doctor’s offices, parks)

• Receiving unusual friend requests on social media from accounts you don’t recognize

Insurance companies often increase surveillance around key events in your claim:

• Just before or after an independent medical examination (IME)

• Leading up to a deposition or Division of Workers’ Compensation hearing

• When you’re approaching maximum medical improvement (MMI)

• After filing an appeal or disputing claim decisions

Being under surveillance does not mean you did anything wrong. It usually just means the insurer is looking for reasons to limit or deny benefits.

What to do:

• Stay calm and don’t confront suspected investigators

• Follow your doctor’s restrictions precisely

• Avoid exaggerating or “testing” your limits in public

• If you believe you’re being harassed or stalked, contact law enforcement and an attorney like Johnston Law Firm to review whether the insurer’s conduct has crossed a legal line

How Surveillance and Social Media Are Used Against You in Colorado Workers’ Comp Cases

Surveillance footage, photos, and social media posts can be introduced at workers’ comp hearings to challenge your disability status, wage loss claims, or need for ongoing treatment.

Here’s how insurers typically use this evidence:

Insurance attorneys may question you in depositions or hearings about specific posts or activities, looking for inconsistencies with your prior testimony or medical reports. A single “snapshot” moment—like briefly lifting a child—can be used to argue that restrictions are unnecessary.

Surveillance can also impact settlement negotiations. When insurers have footage they believe is damaging, they may offer less money or argue for termination of temporary disability payments.

How Johnston Law Firm fights back:

An experienced Pueblo-based workers’ comp lawyer can challenge misleading or incomplete surveillance, cross-examine investigators, and provide context from treating physicians. For example, we might argue that a surveillance video shows only a short, carefully paced activity consistent with medical restrictions—not proof of full recovery. In one notable case from Texas, a court found that video of a claimant playing catch was actually therapeutic activity ordered by the doctor, and the employer faced punitive damages for misusing the footage.

Lawful vs. Unlawful Surveillance: Your Privacy Rights in Colorado

While much surveillance is legal in public places, injured workers still have privacy rights under Colorado and federal law.

What investigators CAN generally do:

• Film or photograph anything visible from a public street, sidewalk, or public area

• Follow you in public spaces

• Review your public social media profiles

• Conduct background checks using public records

What investigators generally CANNOT do:

• Enter your fenced yard or private property without permission

• Peer into windows with special equipment

• Secretly plant cameras on your property

• Record inside medical exam rooms, bathrooms, or changing rooms

• Impersonate a friend or use deception to “friend” you online to access private content

If you believe your rights have been violated, save any evidence (photos of suspicious vehicles, screenshots of fake friend requests) and consult with Johnston Law Firm promptly to discuss your legal options.

Legal Requirements and Restrictions for Surveillance in Colorado

Surveillance in Colorado is legal but strictly regulated by privacy laws to prevent harassment. Surveillance is limited to public spaces or areas where an individual has no reasonable expectation of privacy, such as streets, parks, or shopping centers. Investigators are prohibited from entering private property or using hidden devices to record private conversations. Colorado law specifically forbids "intrusive, intimidating, or harassing" surveillance practices. For surveillance footage to be admissible as evidence, it must be acquired legally and without harassment. Surveillance obtained illegally is generally inadmissible in administrative hearings. Additionally, private investigators in Colorado must be licensed and carry a surety bond of at least $10,000, ensuring accountability and compliance with state regulations.

Tips to Protect Your Colorado Workers’ Comp Claim from Surveillance and Social Media Risks

Here’s a practical guide to protecting your claim:

Do:

• Follow all medical restrictions from your authorized treating physician exactly—at home and in public

• Assume you may be observed at any time

• Keep a personal journal of pain levels, doctor visits, and daily limitations

• Be consistent when describing symptoms to doctors, family, and on any written forms

• Review and tighten privacy settings on all social media platforms

Don’t:

• Post about your case, injury, doctors, or employer online

• Accept friend requests from people you don’t know

• Delete posts or content after your claim becomes disputed

• Exaggerate your abilities or “push through” restrictions in public

Inconsistencies are often what trigger surveillance in the first place. If you tell your doctor one thing and post something different on Facebook, expect the insurer to notice.

Ready to protect your claim? Contact Johnston Law Firm for a free workers’ compensation consultation about surveillance concerns. Call (719) 309-9484 or reach us through our secure online form.

What to Do If You’re Being Investigated for Workers’ Comp Fraud in Colorado

Hearing words like “fraud investigation” or “surveillance” can be terrifying for honest workers. Take a breath—early legal help is critical, and being investigated does not mean you’re guilty of anything.

Investigations can be initiated by:

• Your employer

• The insurance company

• The Colorado Division of Workers’ Compensation’s Fraud Investigation Unit

Steps to protect yourself:

1. Don’t speak directly with investigators, adjusters, or law enforcement about alleged fraud without first consulting an attorney.

2. Gather key documents: medical records, work restrictions, incident reports, wage records, and all correspondence from the insurance company.

3. Never delete social media posts, destroy records, or alter evidence once you know an investigation is underway—this can worsen your legal position.

4. Contact an experienced attorney immediately who can evaluate your situation and develop a strategy.

Johnston Law Firm can help you understand your potential exposure and protect both your workers’ comp claim and your rights in any related criminal or civil matters.

How Johnston Law Firm, LLC Helps Injured Workers Facing Surveillance in Colorado

Steve Johnston is a Pueblo-based lawyer who represents injured workers throughout Colorado in workers compensation claims, including complex cases involving surveillance and alleged fraud.

Why our experience matters:

Johnston Law Firm handles six key practice areas: workers’ compensation, personal injury, automobile accidents, estate planning, criminal law, and social security law. This breadth of experience is valuable when surveillance leads to multiple legal issues—for example, if a fraud accusation could affect both your workers comp benefits and result in criminal charges.

How we help with surveillance cases:

• Review surveillance footage, photos, and social media evidence

• Work with treating doctors and medical experts to provide proper context

• Prepare clients for depositions and hearings, including how to answer questions about social media and daily activities honestly and clearly

• Challenge misleading or incomplete evidence at the Division of Workers’ Compensation

• Handle appeals when claim decisions are based on unfair use of surveillance

We serve clients across Southern and Central Colorado, including Pueblo, Pueblo West, Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties. Many steps can be handled by phone, video, or secure online communication.

Worried about surveillance, social media posts, or a fraud investigation? Call (719) 309-9484 or reach out confidentially through our online contact form for a free consultation.

Next Steps: Protecting Yourself and Your Colorado Workers’ Comp Benefits

You’re not powerless—even if an insurance company is watching you or combing through your social media. But you need to be smart about how you handle your claim.

Key takeaways:

• Always follow medical restrictions precisely, assuming you could be observed at any time

• Treat every public activity as if it might be recorded

• Be extremely careful about online posting—when in doubt, don’t post

• Get legal advice early, before surveillance or social media is used against you

• Never delete evidence once a dispute is underway

If you’ve been hurt on the job anywhere in Colorado—from Pueblo to rural counties like Huerfano, Las Animas, and Crowley—contact Johnston Law Firm before surveillance undermines your claim.

Schedule your free workers’ compensation consultation today. Call (719) 309-9484 or send a secure message through our online contact page. We’re here to help you protect your recovery, your benefits, and your rights.

Recently, legislative efforts in Colorado have addressed workers' comp surveillance practices. For example, bill HB 1012 proposes new guidelines and protections for injured workers regarding surveillance by insurance companies. To better understand your rights and the current legal landscape, read the full text of HB 1012 and stay informed about ongoing changes.