Colorado Legislators Approve Injured Worker Surveillance Restriction

February 17, 2010 ( – A Colorado House committee has approved legislation restricting video surveillance by insurers and self-insured employers of employees who have filed a workers compensation claim.

Business Insurance reports that H.B. 10-1012, approved on a 6-4 vote last week, would prohibit insurers or employers from conducting surveillance of workers comp claimants unless they have “a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim.” Under the legislation, claimants would be allowed to ask for an expedited hearing to learn why they are being investigated, and individuals conducting the surveillance would be required to respond fully to questions, according to the news report.  

The legislation also sets up a $1,000-a-day penalty for violations.

The bill now goes to the Colorado House Appropriations Committee.  A similar bill is pending in the state’s Senate.