Can social media posts affect your insurance claims?: Disability lawyer on 640 Toronto

Interview Summary

While many employees know the consequences of their online conduct on their jobs and positions, not as many individuals know how it can affect insurance claims. Can social media posts influence disability insurance claims? What should claimants be aware of while undergoing treatment for injuries or disabilities?

Sivan Tumarkin, a disability lawyer and co-founding Partner at Samfiru Tumarkin LLP joined 640 Toronto with Ben Mulroney to answer these questions and more on disability claims.

Interview Notes

• Social media as a source of legitimacy: Sivan confirms after a personal injury or disability claim is filed, insurers will often investigate the claimant’s social media profiles. “Ultimately a lot of injuries and illnesses, particularly mental health claims, rest on credibility. This is one of the first places insurance companies go,” said Tumarkin.
• Impact of prior behaviour: “Insurers will latch onto anything,” Tumarkin explained. “If they can show that this is perhaps indicative of behaviour that may have led to a particular injury, they will make that argument. Tumarkin went on to comment that this correlation might not matter to courts.
• Request to make profiles public: Insurance companies might be able to request an individual on claim make their social media accounts public to investigate adequately. “Maybe they’ve seen elsewhere, that what you’re telling them is not the truth, they could ask you to divulge those records,” Tumarkin emphasized that insurers cannot hire someone to download a claimant’s private posts.
• Tips for social media behaviour: Tumarkin urged claimants to think clearly about their decisions and posts on social media. “Be truthful. Make sure you’re very careful as to what you’re posting. You have to assume that it’s going to be public.”

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Social media policies
• Electronic monitoring in the workplace