Last year I published an article on this blog entitled "How Facebook Can Undermine Your Workers' Compensation Case." I pointed out then that the default "privacy" settings on Facebook offered very little privacy at all – your "wall" containing status updates and comments from friends, and your photos are publicly viewable and insurance defense lawyers as well as human resource supervisors will eagerly view your profile to gather evidence. Some of these photos and comments could be taken out of context and could either reduce the settlement value of your case, or could convince a judge that your injury is not as severe as you content.
I suggested last year that you review your Facebook privacy settings and block access to your wall, photos and other personal information to trusted friends only.
Now, it seems that some defense counsel are taking the next step – that is they are using the discovery rules (interrogatories, requests for production of documents) to require you to make your Facebook profile available as part of the investigation of your case. This means that the insurance company's lawyer can demand that you provide access to your Facebook photos, wall and profile.
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