Q: What activities can I engage in while at home on workers comp. that will not forfeit benefits or cause legal issues?
A: Clearly if you do anything at home that is in excess of your doctor's work restrictions you are asking for trouble. For example, if your doctor has placed restrictions of lifting no more than 10 pounds, and you are carrying around your 50 pound child, that is going to be a problem. However, you need to continue with your life and very few injured workers can afford to have a full time house cleaner, cook, landscaper and nanny. Furthermore, if the workers' compensation carrier decides to place you under surveillance, the surveillance company may well follow you for days or even weeks during which time they will probably be able to come up with a few minutes of video in which you are doing something that appears questionable. That is why you hire a lawyer is to point out that after 48 hours or more of constant surveillance they were only able to come up with a few minutes of video, so the rest of the time your activities were not worth taping. Bottom-line, you can't live your life based upon your litigation. The best you can do is try to stay within your doctor's restrictions, and understand that if the insurance company wants to challenge your benefits, they will do so regardless of your actions.
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