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Ten Signs of Workers’ Compensation Fraud

Have you been injured on the job? Are you worried that your employer or the insurance company will think you are making it all up? It is a common belief in some circles that most workers’ comp claims are false. It seems like wherever you turn there is suspicion.

Wouldn’t it be nice to know what employers and insurance companies look for when they suspect a fraudulent workers’ comp claim? Below is a list of ten items that can indicate fraud. If you have a legitimate claim, just to be on the safe side make sure you aren’t accidentally doing anything on this list.

  1. If you don’t report your workplace injury right when it happens and seek immediate medical care, the insurance company may suspect that you were not really hurt – even if you were.
  2. Don’t submit documents with a lot of cross-outs, white-outs or eraser marks. It looks like you might be changing real information into something untrue.
  3. Make sure you are filing for benefits in the right state (important for workers near the border with another state, or those who live and work in different states). If you file for benefits in a state other than where your injury or disease happened, it will look suspicious.
  4. If your job title is unusual for the type of work that your employer normally does, be prepared with an explanation.
  5. If you have to move out of the state or to another country right after you file a workers’ comp claim, be aware that this looks suspicious and be ready with an explanation.
  6. If you are injured in an accident that happens just before a strike, layoff, job termination, early retirement or plant closing, be aware that suspicious questions may be asked – even if you really do have a legitimate injury.
  7. If you delay going to the doctor to get a diagnosis that confirms your injury, it may look like you have something to hide. Make sure you seek prompt medical attention from an independent doctor.
  8. If you have an injury that is unusual for your line of work, be ready with an explanation.
  9. If there are no witnesses to your accident or if you can’t remember everything that happened, you may be treated as though you are not telling the truth.
  10. Concern can arise if reports of your accident and injury are different (for example, if your employer’s report about the accident is different from your initial medical evaluation, it might look suspicious).

As you can see, defending your rights to claim workers’ compensation benefits in New York can get complicated if your employer or the insurance company suspect that you up to no good – even when you have a legitimate work injury! If you need a lawyer’s help with your NY workers’ comp claim, please don’t hesitate to call the law offices of Markhoff & Mittman today.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810


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