NSW workers’ compensation claims: can my social media posts impact on my claim?

Everyone has the right to go to work each day, knowing they’ll come home safely. If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries.

There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. You could be forgiven for being a little confused about where to start. After all, workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by.

You may also not understand how one part of your life can affect your workers’ compensation claim, or why something like posting on social media could be relevant to your employer or insurer.

If you’ve been injured at work in NSW, Littles has you covered. This blog explores the potential impacts your online habits can have on your workers’ compensation claim.

Read more here:

NSW workers’ compensation claims: Do I need a lawyer to represent me in the Personal Injury Commission – Littles

Can your social media posts be used against you in a personal injury claim?

To put it simply – yes. Your employer, their insurer, or other parties involved in your compensation claim may actively investigate you. While this sometimes includes physical surveillance, social media provides a simple means of finding out more about you. What’s more – even if insurers can’t access your social media, you may be required to disclose social media posts in certain circumstances. At Littles, we have supported thousands of seriously injured and ill people to access the compensation they deserve, and know that the overwhelming majority of clients act in good faith. However, social media posts can easily be taken out of context and used against you

Are you on Facebook, Instagram, Twitter, or LinkedIn (or all of the above)?

Don’t worry, we get it. In 2022, when everyone has a smartphone in hand, posting about what you’re up to for the benefit of your family and friends seems like second nature. This has never been more true in the age of COVID as we seek to maintain connections from a distance.

So what is the downside for my claim?

The upshot is that photos and/or words posted online that are inconsistent with the claimed effect of physical or psychological injuries may undermine your workers’ compensation claim.

Have you ever checked your ‘privacy settings’ on any of your social media apps? That photo of you and the kids at the beach might have a far wider audience than you first assume. That status update you wrote may go beyond your nearest and dearest. Not all actions on social media are as private as you might first assume.

Even if you’re not a prolific poster – even if you’re not on social media – you don’t have to be the one posting the photos. If you’ve got a friend who is click-happy, you may not even realise that a friend has posted a photo with you in it.

What is the takeaway?

Posting about your daily activities may undermine your claim, even if you think that what you are posting is harmless or is in no way related to your claim.

Read more here: 

Help! My NSW workers’ compensation claim has been rejected. What do I do? – Littles 

Been injured in NSW and wondering what ‘work injury damages’ are? – Littles

Don’t delay – seek advice now

Clearly, the workers’ compensation system can be complex, which is why it helps to seek quality legal advice as soon as possible. At Littles, we are experts in workplace injuries, and can help manage the process to ensure that you receive all appropriate entitlements and support. With Littles on your side, we can ensure that you get the fair treatment you deserve.

If your workers’ compensation claim has been rejected, or you would like to understand how to claim benefits to support you and your family while you are injured or ill, please get in touch for a no-obligation chat.

IMPORTANT: There are strict time limits for making and disputing a claim, so take advantage of our FREE initial consultation and get in touch. You have nothing to lose by speaking to one of our compensation law experts. The sooner we determine your eligibility to make or appeal a claim, the sooner we can help you to obtain or continue getting funding from the insurer so your rehabilitation can proceed smoothly.

Free advice and no upfront fees

Not only do we offer a FREE initial consultation we handle most insurance claims on a no win, no fee basis.

The Head of our NSW team, Jessica Cheung, is an expert in NSW workers’ compensation claims. If you think you might have a claim, reach out to Jessica and her team for high quality legal advice

Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.

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