For example, just because you can bring a load of groceries in on your own doesn’t mean that an injury or illness doesn’t prevent you from performing your primary full-time work duties.
While we often picture surveillance as involving trench-coated investigators with cameras and binoculars, it's essential to recognize that insurance companies now rely more heavily on online surveillance. With the internet and social media, online monitoring has become far more common and is typically used in nearly every long term disability claim.
Additionally, just because you are under surveillance doesn’t necessarily mean that you are being monitored 24/7, due in part to your rights and protections.
Knowing Your Rights
It’s essential to understand that while insurance companies do have the right to conduct surveillance on individuals who file long term disability claims, you also have rights that protect you from unfair practices.
Your Rights Regarding Insurance Companies Conducting Surveillance |
Expectation of Privacy | Surveillance should not intrude into private areas where you have a reasonable expectation of privacy, such as inside your home or other private property. |
Public Surveillance | Insurance companies are generally allowed to conduct surveillance in public places without expectation of privacy, including public streets, parks, and other open areas. |
Online Activity | Insurance companies can monitor information posted publicly on social media. Private messages and restricted posts may require legal access. |
Notification | Insurance companies typically do not need to inform you that you are being surveilled, but any evidence gathered must be used lawfully. |
Harassment | Surveillance should not be excessive or intrusive. If you feel surveillance has become harassment, you may have legal recourse. |
Legal Representation | You have the right to consult with a lawyer if you believe surveillance is being used unfairly or unlawfully against you. |
Regulatory Bodies | If you believe insurance practices violate your rights, you can file a complaint with the appropriate regulatory authority. |
Best Practices
Just because your insurance company may be conducting long term disability surveillance doesn’t mean you will be disqualified from receiving benefits.
What to Do if You Think You Are Being Surveilled |
Be Honest | Always provide truthful and accurate information about your condition and activities to maintain credibility. |
Document Everything | Keep detailed records of unusual activities or incidents, noting dates, times, and descriptions. |
Be Aware of Your Surroundings | Pay attention to your environment, especially unfamiliar vehicles or individuals frequently near you. |
Maintain Privacy and Be Mindful of What You Put Online | Avoid discussing sensitive information in public. Be cautious with social media and online posts, as insurers often monitor them. Adjust privacy settings and think carefully before sharing. |
Consult with a Lawyer | Seek legal advice from an experienced disability law firm like Share Lawyers. We can help you understand your rights and provide guidance on handling potential surveillance. |
Follow Medical Advice | Continue following your doctor’s recommendations and treatments, keeping records of all medical visits and advice. |
Communicate with Your Insurer | Inform your insurance company if you suspect surveillance and ask for clarification on their policies and legal basis. |
Avoid Suspicious Behavior | Be honest and consistent in actions and statements, and ensure activities are medically approved and documented. |
Stay Informed | Research and stay informed about your rights and relevant laws and regulations in Canada. |
Reach Out to Regulatory Bodies | If you believe surveillance is invasive or illegal, you can file a complaint with regulatory bodies. |
By following these practices, you can better protect yourself and your privacy, ensuring that any surveillance conducted by insurance companies is lawful and appropriate.
Share Lawyers Has Your Back
At Share Lawyers, we understand how the idea of being under long term disability surveillance can add unnecessary stress during this difficult time.
We’re here to provide the legal guidance you need to handle surveillance effectively. We aim to ensure that you are treated fairly and receive the disability benefits you deserve and depend on.
For over 35 years, thousands of Canadians have relied on us for support, and we are proud to offer our assistance. We provide free consultations and no fees until your benefits are secured.
If you're feeling overwhelmed by the stress of long term disability surveillance, don't face it alone. Contact Share Lawyers today for a free consultation, and let us help you navigate this challenging time.
Contact Share Lawyers today and let our 35+ years of experience work for you. We can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.