Everyone in the workers’ compensation industry has no doubt become increasingly aware of the dramatic impact social media can have on a claim. In our practice representing insurance carriers and employers in South Carolina, we have experienced firsthand how pictures and comments on websites such as Facebook, Twitter, Instagram, and others can make or break a case. However, it is not always easy to obtain that crucial photo, wall post, or tweet. Claimants and their attorneys are becoming more savvy about social media, and often use privacy settings to prevent access to certain information.
At Clement Rivers, LLP, we have learned that a subpoena is a powerful tool to get past the barrier of privacy settings.
Working in conjunction with lawyers in our Trucking and Transportation group, and other litigators at Clement Rivers, LLP who are at the forefront of this issue in South Carolina, we have developed successful techniques for gaining total access to information on Facebook and other sites. We also have solid legal arguments to support any challenges that may arise to these discovery requests. With regard to requests for Facebook pages (probably the most common source of useful information), we have learned how to request the entire contents of a profile, provided in a format that shows if the claimant or someone else has deleted information after receiving our subpoena.
As a result of our firm’s work in this area, we have been able to obtain a number of favorable results in workers’ compensation cases and other areas of litigation. Please contact us if you have any questions about this issue, or need assistance in obtaining the complete contents of a claimant’s social media profile.