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Common questions

"They said they have video of me."

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The short answer

Yes, you can get it — and there is a rule that works strongly in your favor.

Under § 5502(d)(3), evidence not disclosed at the mandatory settlement conference is generally inadmissible. Surveillance held back for a dramatic reveal at trial usually does not get in.

Two different kinds of video

Surveillance the carrier had made of you. Investigators filming in public places. Lawful, common in cases with high permanent disability exposure or a disputed work status, and discoverable.

Video of the accident itself — the employer's security camera, a dashcam, a doorbell, a neighboring business. This is the one that disappears, and it is usually the more valuable of the two.

The accident video is urgent

Most systems overwrite on a loop — days to a few weeks. Once it is gone it is gone.

Send a written preservation request today, to your employer and the claims administrator, identifying the date, the time, and the camera location, and asking that the footage be preserved and not overwritten.

Keep the copy. A written preservation request that is ignored is itself evidence, and the failure to preserve after notice can carry consequences.

And ask neighboring businesses directly. A parking lot, a loading dock, or a street-facing camera two doors down has caught more work injuries than most people expect.

Getting the surveillance of you

Ask for it in writing. Then ask again through formal discovery if it is not produced.

Ask for the whole thing, not the excerpt. Investigators film hours and produce minutes. The unedited footage frequently shows what the edit omits — that you took twenty minutes to load the car, that you were limping between the useful clips, that the "activity" lasted ninety seconds.

And ask for the investigator's report and log, not only the video.

Why the disclosure deadline matters so much

Discovery generally closes at the mandatory settlement conference under § 5502(d)(3), and evidence not disclosed there is generally inadmissible.

Which means the classic scenario people fear — being confronted at trial with video nobody had seen — is largely prevented by the rule, provided someone insists on it. Insisting is the point.

What actually gets used, and the real lesson

Not the footage of you smiling. Everyone in pain smiles sometimes, and one clip is one moment.

What gets used is a contradiction with something you said. Which is why describing your limitations accurately — including good days — protects you far better than describing them at their worst. A record that says "variable, worse with activity, three or four bad days a week" is not contradicted by any video. More on this.

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Sources

Labor Code § 5502(d)(3) (discovery closes at the mandatory settlement conference; undisclosed evidence generally inadmissible) · § 5710 (depositions) · § 5811 (costs) · Code of Civil Procedure § 2017.010 (scope of discovery) · 8 CCR § 10608 et seq. (disclosure of evidence).

General information about California law, not legal advice about your case.

Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469

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