Filing Fraudulent Claims Is Punishable Under The Law
California Insurance Code 1871.4 states that it is unlawful to file a fraudulent workers’ compensation claim. Fraud may take many forms, but the end-game of the person filing a fraudulent claim is largely the same: to get money and other benefits that they are not qualified for. Persons who file fraudulent workers’ compensation claims could face penalties under both civil and criminal law, including thousands of dollars worth of fines.
Workers’ Compensation Fraud Examples
There are several types of fraud when it comes to workers’ compensation claims, including claims that are made under the following circumstances:
- An employee files a claim for workers’ compensation benefits when their injury took place off-the-clock and away from the workplace
- An employee files a claim for benefits and falsifies a nonexistent injury
- An employee exaggerates the severity or extent of their injury or enlists a medical professional to do so on their behalf
- An employee causes injury to themselves on purpose while at work and attempts to hold the employer liable for the injury
The Challenge Of Proving Fraudulent Claims
Proving that a given claim is fraudulent is not always easy, especially if an injury is not falsified outright. Workplaces that do not have extensive security camera coverage of the entire worksite will inevitably have pockets of space where injuries might occur and no one would have evidence beyond the injury itself as to how the injury took place. A qualified workers’ compensation fraud attorney can analyze your case and help you to prove fraudulent claims for what they are, or advise a reasonable path forward for otherwise handling the dispute.
Workers’ Compensation Fraud Attorneys in Santa Ana
At Sacks Law Group, APC, we help employers fight workers’ compensation fraud cases. If you are an employer and your employee has filed a claim you believe to be fraudulent, we urge you to contact us for a consultation. We can investigate the claim and its validity or lack thereof, and we can represent you and your business in court. We wrote the book on workers’ compensation defense, and we can put our skills and experience to work for you. Call today for a case evaluation with one of our workers’ compensation fraud defense specialists.
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READ THE REVIEWSEmployers Workers' Compensation Defense
The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.