As investigators we utilize our expertise prior to, during and at the conclusion of conducting surveillance. This means developing an action plan to include: where to begin the surveillance, what days to conduct the surveillance, how many days to conduct surveillance, what time(s) to start, will two investigators be needed, etc.
The goal of every surveillance assignment for worker’s compensation investigations is of course to observe the claimant’s activities and activity level. He or she may not necessarily be performing duties outside of their restrictions and often they just remain out of view, making it even more challenging. However, the goal is for the investigator to be present and prepared during the most optimal times and in the best position to observe the claimant when he or she is active.
Having spoken with many clients over the years in coordinating investigative action plans for surveillance efforts, I have noticed that while it may be automatic and second nature for a good investigator to conduct a preliminary investigation as a precursor to surveillance, not all clients realize that this should be an obligatory practice.
Additionally, some clients are under the impression that investigators simply take the information they are provided and go out to sit in front of the claimant’s residence, expending their budget hours with little return on their investment. While I’m sure there are investigators out there that do this, I would like to think that most reputable investigators conduct proper due diligence prior to conducting surveillance efforts, therefore making the best use of their client’s budget. The importance of the information provided by the client should not be discounted however, as this information can be very helpful and should be used in conjunction with the preliminary results. With all this said, I would like to discuss the value and importance of conducting a thorough preliminary investigation and some of the things we look at as investigators prior to initiating surveillance efforts.
A preliminary should always include an address check to verify the most recently reported addresses for the claimant. Often the address on file is outdated as the claimant may have moved and not updated their records or notified HR. Having prior addresses associated with the claimant also provides other potential locations that he or she could be found – especially if the prior address is that of a parent, family member, ex-girlfriend/boyfriend, etc. This improves the chances of successfully locating the claimant and conducting surveillance at the correct address.
A vehicle check is another very beneficial tool for a preliminary. While the client may have vehicle information on file, many times that information is outdated or they could be driving another registered vehicle. Knowing ahead of time what vehicles to watch for means being prepared should the claimant be leaving at the time of the investigator’s arrival to the case. It also assists in confirming that the claimant is actually present at the residence during surveillance efforts.
Looking at an aerial view and even street view of the claimant’s residence can provide a wealth of information. This helps prepare the investigator for what kind of terrain they will be dealing with, the layout of the residence/location and surrounding area, possible good areas to set up, etc. This is of course important as investigators are often arriving to a case during cover of darkness or with very little light in the early morning hours.
Checking social networking activity can be a huge benefit in preparing for surveillance efforts. While privacy laws prohibit covertly gaining “friend” status of the claimant via social networking sites, often the accounts are set to public viewing. In those cases, recent photos of the claimant can be obtained as well as an idea of their level of activity. The photos of course aid in positively identifying the claimant during surveillance. However, activity posts on things such as a Facebook timeline can give us an idea of what days and times we can expect the claimant to be active. On occasion, exact dates of a particular event or activity are posted thereby aiding in surveillance scheduling. And on some occasions activities that are clearly outside of the claimant’s restrictions are posted, in which case these details can be procured and saved for the client as evidence to use in conjunction with surveillance footage.
A check of professional licenses, certifications, business filings, etc. can also provide information as to the claimant’s activity. This can point to other work being conducted (particularly beneficial in worker’s comp investigations) and can even provide additional business addresses in order to locate the claimant.
These are a few of the most important areas that a thorough preliminary investigation should always include. Being armed with this information prior to going out for surveillance can mean the difference between just going out and watching the claimant’s residence versus conducting surveillance on the most optimal days and at the most optimal times.
Mark Gilbert
President
