In today’s world, social media is everywhere. From occasional Facebook posts to near-constant TikTok, Twitch, and Reels live-streams, almost everyone is exposed to some level of digital communication. What does today’s heightened social media creation and consumption mean for other aspects of our lives? Are there real-life consequences for information shared online? Can social media affect the outcome of a workers’ compensation case? The short answer: yes.

In general, you should assume anything shared online can be seen by everyone—family, friends, and employers. Known as a “digital footprint,” this actively- or passively-shared information that exists on the internet is likely to always exist and be retrievable by almost anyone. Since the rise of social media in the 2010s, employers have utilized background checking tools not just to screen an applicant’s criminal history, but also to review a person’s online presence. Inappropriate, inconsiderate, and indecent posts are subject to scrutiny and often result in severe real-world consequences.

How does social media affect a workers’ compensation case? Just as employers can surveil the online activity of potential employees, they also have the right and resources to examine the digital presence of current employees. In the instance of a workers’ compensation case, employers and insurance companies can use information posted by the injured worker as evidence against the claim.

In general, here are some social media rules to abide by when in an active workers’ compensation case:

• Do not share information about your case online—while it might be tempting to update family, friends, or followers about your injury, recovery, or case, it can be used to undermine your claim.

• Avoid posting updates about any physical activity, vacations, or other endeavors—gym selfies, family vacation photoshoots, and party pics should not be shared during ongoing workers’ compensation litigation. It should go without saying, but digital evidence of your participation in such activities could be used to argue against the severity or even existence of an injury. 

• Try to refrain from posting anything at all—even if it’s just a simple status update with no pictures, any information posted to social media can be found and interpreted in any way by your employer or insurance provider. The easiest way to avoid these obstacles is to simply stop posting online during the active case.

Overall, be smart about what you post online. Whether in an active workers’ compensation case or just in general, your digital presence can have real-world consequences so be mindful about what is shared on the internet. If you or someone you know was recently injured on the job, reach out to an experienced workers’ compensation attorney. At Poirier Law Firm, we are here to help you get the care, compassion, and compensation you deserve.