Why Will Video Tape Surveillance Damage My Jones Act Maritime Claim?
For many years now it has been common practice for maritime companies to hire private investigators to obtain videotape surveillance on injured employees. Very often this videotape surveillance will begin almost immediately after the employee has suffered a work-related injury. There are at least three main reasons that a company obtains videotape surveillance of an injured employee.
The first main reason that a maritime company obtains videotape surveillance in defending a claim relates to showing whether or not the injured employee is truly injured. If the injured employee is shown performing heavy activities or strenuous work on the videotape, this evidence can hurt or even ruin his claim. Certainly if the employee is representing to the company and his physicians that he cannot perform certain activities, yet videotape surveillance shows the employees performing these very activities, the employee is clearly misrepresenting the nature and degree of his injury. In such a situation, the company will be able to use this videotape surveillance to disprove the employee’s degree of injury.
Additionally, if videotape surveillance shows the injured employee performing activities which the injured employee has testified he can no longer perform, such videotape will also greatly damage the employee’s maritime injury claim. Even if the activities are not necessarily strenuous, the fact that the injured seaman has denied being able to perform such activities and he is now shown on video tape performing them, obviously this will hurt his claim. Very often we will encounter injured clients who unfortunately deny being capable of performing various activities even when it is apparent to us that the maritime employer has already obtained videotape of the employee performing these types of activities. It is always our recommendation for the injured employee to simply admit that they are capable of performing the activities.
Finally, videotape surveillance can often show the injured employee performing regular activities of life despite the fact that he has suffered an injury. Even though he is not performing strenuous activities, nor is he caught in a half-truth about his level of activity, if he is shown on video tape playing with his children and moving forward with his life, this can sometimes suggest to a jury or judge that the injured employee’s life will continue despite the fact that he has been injured. Very often we will see videotape that shows an injured employee running errands or interacting with his family members. The company often tries to show this video to the jury in an effort to suggest that the injured employee’s life has continued on despite the fact that he suffered an injury.
In today’s legal environment it is not uncommon for a maritime company to spend tens of thousands of dollars obtaining videotape surveillance of an injured employee. Typically this great expense will pay for itself especially if the employee is shown performing heavy activities on the videotape. Even if the employee is not performing strenuous activities on the videotape, sometimes the videotape can still serve the purpose of showing the jury that the injured employee’s life continues to “go on” despite the fact that he is injured. Videotape surveillance of an injured employee is often one of the most difficult challenges that will be faced at trial. If you have been injured and you are pursuing a maritime claim against your employer, it is important to remember that your employer may always be watching you and videotaping your activities.
Found out what other tactics maritime companies use to defend your jones act claim. Resources and information are available at Jones Act Law.com.