 
Workers' compensation and fraud
Please note that in the current business climate all employer's and insurance
companies are suspicious of all workers' compensation claimants. They think
everyone is trying to cheat them. Therefore, they will often seek out
information to try to prove you are not telling the truth, including secretly
investigating or photographing you.
If you are found to have made false statements in order to collect workers'
compensation benefits, you can lose your right to collect any benefits and could
even be forced to re-pay money paid by the insurance company to you or your
doctor. This is true even if it is agreed that you have a work injury and all
you have done is exaggerate the amount of your disability by claiming to be
unable to do things which you are proven to have done.
We cannot prevent insurance companies and employer's from exercising their
paranoid fantasies. We can present your case in a way that prevents you from
running into problems.
A few simple rules will keep you from getting into trouble. We recommend the
following:
1. Be honest.
2. Keep your attorney informed.
3. Never say "Never" or "Always."
These three simple rules all boil down to the first rule which is to be honest.
If you have had other injuries be sure to tell your attorney. Try not to leave
out any injury or part of body involved in any injury. Some simple examples are
as follows:
1. If you sometimes pick up your children or grandchildren do not say that you
"never" pick them up. If the defendants discover a photo or videotape you
picking up your child the one time that you did, they will use it to prove that
you were "lying."
2. If you had an automobile injury where you hurt your neck and back do not try
to pass it off as an injury to your neck only just to look good for your current
workers' compensation back injury. The insurance company will get the records
from the doctor for your previous injury.
3. If you are working at all, be sure to tell you attorney. You will need to
report earnings. If you are collecting temporary disability, you have been
certified by your doctor to be unable to do any kind of work, or at least any
kind of work which is available from your employer.
4. Keep these simple rules in mind. Be honest and keep your attorney informed
and you will not have to worry about the insurance company gaining an advantage
by making it look like you are dishonest.
© Robert S. Havens, 2009
This article is for general information, and not meant as
specific legal advice. You should always see an attorney for specific legal
questions.
|
