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If you have been injured at work and intend to make a WorkCover claim or are already receiving WorkCover benefits, you may be surprised to learn that the Victorian Workcover Authority, through its designated insurers, can hire private investigators to monitor and survey your activities.

This surveillance is usually aimed at obtaining evidence about the extent of your injuries and whether your reported injuries and restrictions match your behaviour during your normal day to day activities.

Whilst this may seem invasive (and in certain circumstances it is), there are limits on what investigators are allowed, and not allowed, to do.

Investigators in the WorkCover space are required to comply with and adhere to WorkSafe’s Private Investigator Code of Practice (published in 2019).

It is worth reading or perusing this guide (15 pages in length) so that you are aware of what the ‘official rules’ say about what investigators can and cannot do in respect of your WorkCover claim.

It should be noted that this type of surveillance is used in other forms of personal injury litigation such as public liability claims and medical negligence claims.

What an Investigator Can Do

The law permits an Investigator to do the following, including but not limited to (and subject to common sense evaluations of ‘reasonableness’):

• Observe you in public places – such as outside your home, at a shopping centre, park or workplace, as long as they remain in publicly accessible areas.
• Film or photograph you in public without your consent – they can lawfully record you without consent in public setting, provided they do not trespass onto private property.
• Follow you – an investigator may follow you from a distance to document your physical movements (for example, lifting, bending, driving, or walking).
• Take notes of your daily activities.
• Monitor your social media – investigators can review public social media profiles of yourself, family members or friends and check to see whether you are acting inconsistent with your claimed injuries.
• Provide reports to the insurer – an investigator’s findings can be used by the Victorian WorkCover Authority to assess your claim – both at its outset and on an ongoing basis.

What an Investigator Cannot Do

An Investigator cannot do the following, including but not limited to:

• Enter your private property – an investigator cannot enter your home, yard or driveway without permission.
• Film or photograph you inside your home – even if visible through a window or fence This is generally considered unlawful under the Surveillance Devices Act 1999 (Vic).
• Record private conversations without your consent – audio recordings of your conversations, whether in person or over the phone, are prohibited without consent under the Surveillance Devices Act 1999 (Vic).
• Harass, intimidate or interfere – an investigator should act professional and aggressive, threatening or behaviour that causes distress ay amount to harassment.

What You Can Do

In summary, if you are being lawfully observed by an investigator, there is nothing really to worry about as long as you have been truthful about your injuries or symptoms.  These are steps you can take to protect yourself:

• Be honest about your injuries, symptoms, limitations and the like.
• Be cautious on social media – avoid posting photos or comments that could be misinterpreted or taken out of context.
• Seek legal advice – If you believe surveillance has become intrusive or unlawful, contact your lawyer.

Surveillance can be uncomfortable, but it a standard part of the WorkCover process. At Carroll & O’Dea Lawyers, we can help you understand your rights and ensure you are treated fairly throughout your claim.

This article was published on 10 December 2025 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. If you or a loved one has been injured, use our Personal Injury Claim Check now.