Workers’ compensation fraud may be a term you’ve heard while scrolling through social media or catching up on the news. Many people understand what fraud is as it pertains to common types of fraud such as mail fraud and bank account fraud. However, although it may not be as widely understood, workers’ compensation fraud is a serious offense and is unfortunately not entirely uncommon. There are two ways workers’ compensation fraud can exist: on the employer side and on the employee side. Both are serious offenses and are not taken lightly when the workers’ compensation system and authorities identify fraudulent activity. 

Employer workers’ compensation fraud

The most common form of worker’s compensation fraud is intentional misclassification of employees. Workers must be classified as employees of the company and not contractors in order to receive full workers’ compensation benefits. Employers can try to circumvent the system by officially listing employees as contractors so they are not responsible for a variety of different coverages including workers’ compensation. If you were injured on the job and classified as a contractor, you would not be entitled to the same workers’ compensation benefits as a worker who is considered an employee of the company. That is why it is so important when you are taking on a new job, whether it’s at the same company or a different company, you clearly understand the role description and how you are identified within the employer’s HR database. Ensuring that you are listed as an employee will protect yourself in the event of an unfortunate accident. If you are in a situation in which you believe your employer is misclassifying employees on purpose in order to avoid having to pay workers’ compensation, contact an attorney immediately. Not only could this impact you but it could impact your fellow coworkers in the event that they are injured on the job.

Employee workers’ compensation fraud

Employee workers’ compensation fraud normally happens when an employee lies about the details of their injury or illness to receive an unfair amount of workers’ compensation benefits. This could either be in the form of lying about the existence of the injury or illness altogether or exaggerating the symptoms in order to receive more medical coverage or a longer extension of indemnity checks while being out of work. If you have been injured on the job, you must make sure that you clearly state the facts of your case and do not embellish or exaggerate whatsoever. Any misrepresentation of the truth could result in an increased award of benefits which in turn would be considered fraud. Working with an attorney will help you to present your situation in the most compelling light possible without risking the integrity of your case.

It is important to understand the signs of both employer and employee workers’ compensation fraud so you can not only bring it to the proper authority’s attention if you believe a fellow employee or your employer is participating in fraudulent behavior, but also so you can ensure you are covered under the proper protections as an employee. Contact Poirier Law Firm today if you feel that you have witnessed or been impacted by workers’ compensation fraud.