Building an airtight personal injury case for compensation can be difficult.
It’s worse when you know exactly where you can find strong evidence backing your claims, but your employer won’t let you access the surveillance videos or other company materials where that evidence exists.
From their point of view, this makes sense. Your employer doesn’t exactly have an incentive to be forthcoming about a workplace injury. Unfortunately, they may even hope to use surveillance against you in your upcoming case.
Employer Surveillance and Your Worker’s Compensation Case: How to Get What You Need
One of the most straightforward ways to access employer footage or other evidence is simple: File a discovery request. When preparing your case, you should be able to obtain these materials as long as you go through the proper avenues, as noted in the California Code of Civil Procedure section 2017.010. Your personal injury attorneys will know exactly how to get this process started.
Be realistic about how helpful the footage will be. Under California labor laws, your employer can record your activity in public places and common areas. If the activities in question did not occur in an area that you know was under surveillance, going through the discovery process might not be as productive as you think.
Be aware of possible nefarious tactics from your employer. Your employer could try to use unseen surveillance footage against you at an inopportune moment (for you). Try to contextualize the video as much as possible to set the scene, and be completely honest with yourself and your attorneys about what you’ll find when you do review the tape.
Whatever you do, don’t stoop to poor practices yourself to get the footage. If your employer can show that you’ve overstepped boundaries, that could make it much more difficult to win your case.
Protect Your Future by Reaching Out to Tarzana Personal Injury Attorneys
If you’ve experienced a workplace injury in the San Fernando Valley, it’s time to work towards needed compensation. The Accident Defenders are here to help.
We assist employees in the Southern California area as they pursue the resources they need to heal, support their families, and return to work safely. Schedule a free consultation to learn about how we can support you by calling us at (323) 591-2829 or contacting us online.