Workers' compensation can be a precarious process. Last week we wrote that injured workers are sometimes hesitant to file a claim for fear that they will be blamed for the accident or have their claim denied because of some illegal action they were involved in at the time.

Another concern injured workers have is how they are expected to behave after receiving workers' compensation benefits. There have been numerous instances in New York and elsewhere of workers who had their benefits challenged or rescinded due to evidence of them behaving in ways which were allegedly inconsistent with their injuries.

It should come as no surprise that Facebook and other social media sites are a major information source for those who investigate workers' compensation claims. Recently, an Arkansas man was denied an extension of benefits because of pictures of him "drinking and partying" that were found on Facebook and MySpace.

The 27-year-old man suffered a hernia in 2009 when a refrigerator fell on him at the warehouse showroom where he works. He has since had three surgeries, and his application for additional benefits claimed that he is still in "excruciating pain" and needs further medical treatment.

But his application was denied by an administrative law judge, the Arkansas Compensation Commission and eventually an appeals court.

When appealing the decision, his lawyer tried to have the photos banned in court. His attorney claimed, "That had nothing to do with whether or not he had a hernia. It's irrelevant, immaterial and prejudicial. It should be about whether [my client] needed additional treatment."

But the photos were admitted; and the appeals court ultimately agreed with previous rulings that his request for extended benefits should be denied.

While individual rulings may differ by judge or by state, it is important to note that social media evidence is playing a larger role in the realm of workers' compensation. And in many cases, this evidence from workers' private lives is hindering their ability to receive the compensation and benefits they deserve.

Source: ABC News, "Court Okays Facebook Party Photos in Workers Comp Claim," Lyneka Little, Feb. 3, 2012