Search Site
Menu
Wearable Technology as Evidence in your Disability or Workers’ Compensation Claim

It can be difficult to prove physical limitations and the ability to move and engage in activities to the same degree as before a workplace accident, or any accident for that matter. Fortunately, new wearable technologies can assist in proving to a court or workers’ compensation board that you have truly lost a substantial amount of your physical capabilities after an on-the-job accident.

Wearable technology, also known as “lifelogging devices,” include the Fitbit, Nike Fuelband, Apple Watch and other smart watches, and Google Glass. These devices can be set to gather such broad-ranging data about your day-to-day life as your sleep patterns, steps taken, and amount of exercise completed. The wearable device market has quickly caught hold, with 20% of Americans reporting ownership of such a device. While these devices were originally marketed as a way for individuals to track their own activity levels and habits, a number of industries have found additional ways to use this information. Examples include employee wellness programs, employee productivity monitoring, and now, workers’ compensation claims.

One case that has gained widespread attention involves a former personal trainer who was injured on the job several years ago. The woman plans to introduce data from her wearable device in court to show how greatly her average activity level has fallen off from when she was an able-bodied personal trainer. While she did not use any wearable technology before the accident, her attorney plans to rely on evidence of the average activity level of a young person with a job as a trainer to prove the disparity between her pre- and post-injury lifestyles.

Evidence for both sides

Wearable devices can be an asset in advancing someone’s degree of disability. However, if the extent of the disability claimed is unsupported by such device, the data they collect can be injurious to such claims. The data from a wearable device may be subpoenaed by the opposing side in a lawsuit or compensation claim to show that someone’s mobility has not been sufficiently limited to qualify someone for disability benefits. It may also be the case that the number of steps you’ve taken or calories you’ve burned in a given day is not an accurate representation of your disability, as your injury may be one that prevents you from doing your job, but does not prevent other activity. For example, your work may require bending and lifting heavy loads, and a back injury may render you eligible for workers’ compensation, but would not prevent you from engaging in low-impact exercise such as brisk walking. Having an attorney who is able to successfully argue this distinction before a judge could be crucial to the success of your claim.

If you’ve been injured on the job in New York State and want to ensure you’re fully compensated for your lost wage benefits and payment of causally-related medical expenses, contact Peter M. Cordovano for a consultation at 845-691-4200.

Contact us

Please fill out the form below and our attorney will contact you.

Quick Contact Form

Our Office
  • Highland Office
    1 N Roberts Road
    Highland, New York 12528
    Phone: 845-691-4200
Awards
  • Martindale-Hubbell AV Preeminent Peer Review Rating Badge showing Peter M. Cordovano is rated AV Preeminent
  • Avvo Rating Badge showing Peter M. Cordovano is rated a 9.0 Top Attorney
  • New York State Bar Association Logo
  • New York State Trial Lawyers Association Logo
  • Manhattan College
  • Touro Law College logo
Testimonial
  • "Peter, you can go ahead and start paperwork. I know it’s not a fair settlement, but I’m drowning. Don’t know what else to do Thank you for everything you’ve done for me. I really do appreciate you."  -–Valerie S

  • "I hope that this letter finds you in good spirits and in excellent health. I know we’ve had our difficult moments (usually due to my constant need for reassurance from you). But there isn’t a day that I don’t thank God for your levelheadedness and perseverance. Thank you."  -–Eileen

  • "Dear Peter, We can’t thank you enough for all of your help! We appreciate it more than you know! Thanks."  -–Rick, Debbie & Ricky

  • "I would like to thank you for all you have done for me and my family. You’re the best!"  -–A. Chambers

  • "Many thanks for your donation to our 2nd Annual Huskies 5K Challenge. The event was a tremendous success due in large to your generous support."  -–HMS PTA

  • "Thank you for sponsoring me to play on the Dutchess Debs. I am having lots of fun and learning a lot. I look forward to the upcoming spring season."  -–Jordan C.

  • "We are so tardy thanking you so please know we are so grateful for your time with us, prep phone calls to Bob Lackaye and follow up work on behalf of Spencer. We are resting with her anxiety about moving forward and pushing Spencer out to be a part of the workforce and world again. Believe me we are so thankful for the many miracles since the accident on July 12, 2014! Thank you for meeting us and assessing Spencer and his needs in such a caring and professional way. Your staff was friendly, caring and supportive the entire time we were in touch with your office. Many thanks for your time! Blessings to you all!"  -–D.E

  • "Dear Peter, Thank you so very much for your thoughtful and beautiful plant. Believe it or not, it will join the one you sent 5 years ago which has developed into many others too!"  -–Fondly, Deb & Jo

  • "Mr. Cordovano, Hello! First, I’d like to thank you for the job you did on my case earlier this year! I really appreciate all you did, and will refer anyone I know that needs wc legal help to you! I opened my mail today and received this! I was rather surprised. MAC NEEDS to pay this. It was from the day I hurt myself! Thanks again for all your help!"  -–Sincerely, Ferris Rugar

  • "I wish to thank Peter Cordovano and the rest of your staff for a job well done. Your excellent services and hospitality will be shared and highly recommended. Thanks again so much."  -–John Dorn.