FAQ

01 / What makes an injury claim questionable?

A questionable claim is not necessarily a fraudulent claim. It is a claim in which specific and credible information raises reasonable questions that may require clarification.

Examples may include:

Reported limitations that change over time
Activity that appears inconsistent with stated restrictions
Conflicting accounts of how an incident occurred
Important gaps in the claim timeline
Credible information about undisclosed work or activity
Documentation that does not align

No single factor automatically proves wrongdoing. The complete situation should be reviewed before further action is considered.

02 / When should an employer consider surveillance?

Surveillance may be appropriate when an employer has a legitimate, specific question that cannot be answered through existing documentation.

It may be considered when:

Reported restrictions and available information appear inconsistent
Credible information suggests activity that may be relevant to the claim
The employer needs objective information before making a decision
Other reasonable efforts have not clarified the concern

Surveillance should be proportionate to the situation and focused on clearly defined investigation objectives.

03 / Is it legal to hire a private investigator in Ontario?

Yes. Ontario employers may hire a licensed private investigation agency for legitimate investigative purposes.

Private investigators and the agencies providing their services must be properly licensed in Ontario. Investigations should be conducted within applicable legal and ethical boundaries and with appropriate consideration for privacy.

Employers should use a professional agency, establish a clear investigation objective and avoid requesting surveillance that is excessive or unrelated to the concern being reviewed.

When an employer is uncertain about its authority or legal obligations, it should obtain advice from qualified legal counsel.

04 / What can surveillance establish?

Surveillance can document activity that is observable from a lawful vantage point.

It may show:

Where a person travels
Activities performed in public view
The apparent duration of an activity
Repeated physical movements
Patterns observed across multiple dates

Surveillance cannot determine whether someone is experiencing pain, diagnose a medical condition or independently decide whether a claim is valid.

The observations must be considered alongside medical, employment and claim information by the appropriate decision makers.

05 / What makes a surveillance report useful?

A professional surveillance report should allow the reader to understand exactly what was observed.

A useful report includes:

A clear chronological timeline
Exact dates and observation times
Objective descriptions of activity
References to supporting photographs and video
Periods when visual contact was lost
Relevant limitations encountered during the assignment
A concise summary of the findings

The report should avoid exaggeration, speculation and unsupported conclusions.

06 / How is privacy considered during an investigation?

Privacy is always be considered throughout the investigation.

A professional investigation will:

Have a legitimate and clearly defined purpose
Collect only information relevant to that purpose
Use lawful observation methods
Avoid trespassing or unnecessary intrusion
Store reports, photographs and video securely
Limit access to people who genuinely require the information

Surveillance will be used to answer specific questions, not to collect information without a defined reason

07 / What mistakes should employers avoid?

Employers should avoid:

Treating suspicion as proof
Requesting surveillance without a clear objective
Sharing sensitive claim information unnecessarily
Confronting an employee before the facts are established
Relying on a short video clip without reviewing the complete report
Asking an investigator to exceed lawful or appropriate boundaries
Making decisions based on assumptions rather than verified information

A measured approach protects the integrity of the investigation and supports fairer decision making.

08 / How long should surveillance continue?

There is no standard number of surveillance hours or days that works for every claim.

The appropriate scope may depend on:

The investigation objective
Known activity patterns
Appointments or scheduled events
The nature of the reported limitations
The results of earlier surveillance
The need to avoid relying on one isolated observation

A professional investigator should recommend a reasonable and proportionate plan based on the circumstances rather than automatically extending surveillance without a clear purpose.

09 / What if surveillance shows no significant activity?

A surveillance assignment may produce limited activity or no activity relevant to the investigation objective.

That result does not prove the claim is legitimate or illegitimate. It only establishes what was observed during the particular dates and times covered.

An accurate report should document:

• The observation periods completed
• Whether the subject was seen
• Any relevant activity observed
• Conditions that limited the investigation
• Whether additional surveillance may or may not be useful

First Recon reports the results honestly, even when those results do not support the client’s original concern.

10 / When should an employer have a confidential conversation?

An employer does not need certainty or proof before speaking with First Recon.

A confidential discussion may be helpful when:

Something about a claim does not appear to align
The employer has received credible information
The available documentation leaves important questions unanswered
The employer is unsure whether surveillance would be appropriate
Objective information is needed before deciding what to do next

An initial conversation can help determine whether an investigation is appropriate, what it should focus on and whether another course of action would be more suitable

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