Doing Activities with a Disability

[Caring4U]

First of all, I thank all those who responded to my thread back in May of this year...a lot of good responses. Unfortunately, I am still fighting the whole ordeal. I have also found out that 2-3 years is a typical time for small workman comp cases to be settled...its just a waiting game!

Anyways, I was talking to my physical therapist today and he was telling me about how the insurance sends out investigators to follow you around and watch your every move in an effort to video tape/take a picture of you doing some type of activity, to prove that you are not really hurt. Of course, this is no new news, as I have seen reports on TV about this happening.

So, here is my situation, I have had a knee surgery that I am almost recovered in, but I have done a couple of activities here and there...nothing strenuous. Do I understand correctly, that I am not to do any type of activity until my case is over? Where do you draw the line? People have to go on with their lives as best as possible, DESPITE their disability.

But according to my physical therapist, I should do no type of sport activity. He told me a story of a client who went to the park to play a game of volleyball with his family. He has a leg brace on, but just played the best he could. An insurance investigator video taped him playing volleyball. When later asked in court if he had played any sports, he said no. So when the tape was played, showing him playing volleyball, he was charge with perjury on the stand and sentence to 6-months in jail, plus had to pay back all the money that was given to him in workman comp benefits. What really happen was, he totally forgot about that day in the park with his family and so he said "no" on the stand.

To sum up in a two-part question:

1) Should I not be involved with any type of activity at all (sports, lifting, hiking, etc.)?

2) If there is some type of video tape of photo with the defending party's lawyers, isn't it full disclosure of whatever evidence they have, so that one would be ready to answer a question such as, "Have you played any sports?"

[Mr. Knowitall]

If you have claimed a disability that prevents you from engaging in certain activities, then are caught engaging in similar or more strenuous activities, your credibility goes down the toilet.

If you are afraid that the insurance company has video that proves you're making a false claim or are exaggerating your injuries, you should discuss the possibility with your lawyer.

[Caring4U]

I don't know of any tapes, nor have I notice anyone unusual. I really cannot do much activities, because of my disability, but from what I hear, these insurance investigators are intense...just waiting for one false move, which may appear that you are doing something bad. It is nerve racking as heck. I have a legitimate case...MRIs proved I need surgery for my knees...can refute that, and I am indeed in pain and rehabilitating from it. I really just want to get better and on with my life. I don't want to drag this thing out any longer than it already is, but the insurance has made it difficult for me all along.

However, talking with my lawyer is probably a good start.

[gigirle]

You shouldn't participate in any activities that your physician says you shouldn't. Your disability sounds temporary in nature, fixable with surgery.