- Workers' Compensation
During the first appointment with a Tampa workers comp lawyer, a potential client has to tell their story and bring any supporting evidence. It is essential to prove that your injury is work-related. Most importantly, it is important to be honest about it. Any attempt to trick the system will be eventually revealed. And you will end up accused of workers’ compensation fraud.
This is a very serious offense, with a long-lasting negative impact on your life. In this article, we will discuss the impact of workers comp fraud and how easily even innocent workers may end up accused of it.
What Is Workers’ Compensation Fraud in Florida?
According to the Bureau of Workers Compensation Fraud, any attempt to obtain wage replacement under false pretenses is workers’ comp fraud. Dishonest claimants often resort to:
- Reporting a non-related injury as work-related
- Exaggerating the extent of their injuries
- Exaggerating the symptoms and limitations they experience.
Things get worse when a claimant presents forged or modified medical records and diagnostic tests as supporting evidence. This is a criminal offense, which can lead to severe negative consequences.
Even Honest Work Injury Reports Are Treated as Suspicious
The problem with repeated instances of workers’ compensation fraud is that even innocent claimants end up falling under suspicion. Certain types of injury reports trigger a red flag automatically for employers and their insurance companies.
Some examples include:
- Reporting a workplace injury on a Monday or immediately after personal time off
- Work-related accidents where there are no eyewitnesses and CCTV camera recordings
- Workplace accidents occurring away from the employer’s main place of business (on a client’s premises, at a secondary business location, etc.)
- Workers comp claims filed just before or just after being laid off.
Consequences of Workers Comp Fraud
An experienced Tampa workers comp lawyer always advises potential clients to be 100% honest and upfront about the circumstances of the accident. The penalties and other negative consequences of being found guilty of fraudulent reporting are simply too high.
Here are just a few of the negative consequences you may face.
1. Criminal Charges
Using forged documents or uttering lies during a workers comp claim can lead to criminal charges, which are usually punished by heavy fines and even jail time. From this point, you will have a criminal record, which any future employer can discover during a background check.
2. Restitution
Any money you collect from the workers’ comp insurer will be subject to restitution. Depending on your average weekly wage and the number of weeks for which you collected the undue funds, this amount could be in the range of tens of thousands of dollars.
3. Being Ineligible to Apply for Workers Comp in the Future
In some cases, the penalty for workers comp fraud is being excluded from coverage for a period of time. This can be devastating if you suffer a genuine work-related injury in the future.
4. Inability to Find a New Job
Once a potential employer finds out that you lied in order to get workers comp benefits, they will definitely not consider you for the position. If they’ve already made you a job offer, they will immediately rescind you. Thus, you may find yourself unable to support your family.
How to Protect Yourself from Unfair Workers Comp Fraud Accusations
As we explained above, many innocent workers who file a claim are suspected of fraud. However, your conduct during the process can convince your employer and their insurer of your sincerity.
Here is what you should always do:
- Submit to the drug testing without protests.
- Attend the independent medical evaluation ordered by the workers’ comp insurer.
- Be honest about your injuries and symptoms.
- Follow the workers’ comp doctor’s treatment plan.
- Discuss any worries and unclear aspects with your attorney.
Bring Your Claim to an Experienced Tampa Workers Comp Lawyer!
Unfortunately, dishonest workers cause a lot of trouble for others who have genuine workers’ compensation claims. Anyone may find themselves accused of workers’ comp fraud due to simple misunderstandings.
To avoid any problems, let an experienced Florida workers’ compensation lawyer help you file your claim and negotiate it. We will make sure that everything is 100% legal and that you get the fair benefits you deserve.
Call us to schedule a free case evaluation at 954-388-8616!
