The Challenges of Using Social Media in Workers' Compensation Claims
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Find out how to effectively and legally use social media as evidence in workers' compensation claims.You will benefit from this topic by learning about the number of procedural, ethics, and evidentiary issues that can impact obtaining and using social media as evidence in workers' compensation cases. More and more people use social media to document and exhibit their behaviors, and to communicate their thoughts, opinions, and beliefs in text format, and through photos and videos. Given the number of legal and ethical issues that arise when procuring and using such evidence, you will obtain an advantage in your practice by becoming familiar with the issues that arise in this area of the law. There will be a discussion of social media practices that other attorneys have used that have either enhanced or harmed their cases or their legal practices. The materials and discussion will help you undertake the process of creating your own customized case preparation processes and techniques for using social media evidence in workers' compensation cases.
AuthorsAmbrose V. McCall, Hinshaw & Culbertson LLP
Preparation for Hearing Does Not Typically Involve Discovery
• State Rules on Hearing Preparation
• Subpoenas Anyone?
• Electronic Communications, Photos, and Video - Can They Help or Hurt Your Case?
Ethics Opinions by Disciplinary Associations and Bar Associations
• Use of Party's or Witness's Publicly Posted Social Media by Attorneys
• Use of Party's or Witness's Privately Posted Social Media by Attorneys
• Monitoring Social Media - Benefits and Risks
Evidentiary Issues Related to Use of Social Media
• Authentic and Foundation
• Relevancy and Hearsay
• Prejudicial Impact
• Preservation for Appeal