Surveillance in workers compensation claims - an injured worker's perspective

The use of surveillance evidence in workers compensation matters has long been contentious. Employers and insurers often argue that recordings provide objective insights into a worker's level of function. For injured workers, however, surveillance raises important concerns regarding privacy, fairness, and the risk of selective or misleading interpretation.

The recent decision of the Personal Injury Commission (PIC) in Freedman Brothers Limited v Scovell [2025] NSWPICPD 48; (18 June 2025) examines whether surveillance should be admitted in medical assessments, and in doing so clarifies the scope of Rule 109 of the Personal Injury Commission Rules 2021 (the Rules). The case also illustrates the interaction between procedural safeguards under the Rules and the broader statutory framework governing workers compensation claims under the Workers Compensation Act 1987 (NSW).