Social networking sites, such as Facebook, have now become informational sources that workers' compensation lawyers are now utilizing for evidentiary purposes. The question that remains unanswered is how information obtained through social networking sites can be admitted and utilized as evidence.
Social networking sites have experienced a surge in use. Web users spend more time on Facebook now than on Google. Workers' Compensation judges are also increasing their use of social networking sites.
Text, photos and commentary, shared among the social network, will provide a new avenue of factual discovery that may assist the decision maker in reaching an evaluation of the claim. The authors review the professional responsibilities of attorneys to their clients in advising them of the potential benefits and hazards of social networking, as well as their strategy for preparing text and photographic material into evidence. They conclude that lawyers handling workers' compensation matters need to be educated on how to properly utilize facts and opinions gathered from the social networking system.