Workers' Compensation Fraud

Workers' compensation fraud can be committed by anybody. Doctors, lawyers, insurance companies, employers, and employees, you name it. This is a very controversial topic and the data indicting the amount of actual fraud occurring in this country is quite unreliable. The National Insurance Crime Bureau released a statistic that claims this sort of fraud accounts for roughly $7.2 billion in unnecessary costs. That is a high number. If you would like to learn more about workers' compensation fraud, please contact us today. The law group at Gilbert, Blaszcyk & Milburn has years of experience in this field and can provide you with timely consultation and representation. We represent clients from across Long Island and New York.

Types of Claimant Fraud

  • Exaggerating of symptoms
  • Not reporting income while on disability
  • Filing a claim for job-related injury that never actually happened
  • Claiming a non-work related injury was, in fact, a work-related injury
  • Incorrect mileage reports

Types of Employer Fraud

  • Under-reporting of the payroll
  • Incorrect classification of employees for lower insurance premiums
  • The deduction of premium dollars from an employer's wages
  • The employer knowingly does not have the proper workers' compensation coverage for their employees

Types of Medical/Health Care Provider Fraud

  • Unnecessary testing or treatment for financial benefit
  • Incorrect billing for treatment or services that were never performed
  • Billing the worker's health insurance provider and the worker's compensation provider for the same service

How Workers Commit Fraud

There are a few ways workmans compensation fraud can occur by the workers themselves. Perhaps the most common is getting injured away from work, but claiming it happened on the job in an attempt to get their compensation benefits to pay for the medical bills. Exaggerating injuries is another way to collect more money. This is when a worker suffers a minor injury, but lies about the state of the injury in order to collect more benefits. This also happens with old injuries, as workers can claim being on the job caused an old issue to rear its head. Then there is faking an injury that never even took place. Even failing to disclose an injury can be considered fraud. This applies to whether the failure to disclose was intentional or not. And if you were injured, but stayed home when you fully recovered, that is also a type of workmans fraud.

How Employers Commit Workers Comp Fraud

Workers compensation fraud can also be committed by the employers. This happens a few ways. One is when the payroll is under-reported. By doing this, the employer reports that their workers are paid less than they actually are, thus lowering their premiums. Employers can also report that workers are more experienced than in reality, which makes them seem less risky to hire and thus less expensive to cover with medical benefits. Then there is evasion, which is when an employer fails to even obtain workers compensation for their employees. It is required, by law, to cover workers with injury compensation, but employers can mislead their workers into thinking they are covered, when in reality they are not.

Trusted Workers Compensation Attorneys

The attorneys at Gilbert, Blaszcyk, & Milburn have years of experience in the field providing clients with trusted workers compensation consultations and representation. If you have been injured on the job and would like more information about workers' compensation, please contact one of our offices today. We have offices across Long Island in Patchogue (631-447-6500), Riverhead (631-208-9760), Melville (631-421-4725), Garden City (516-746-3400). We can help with a wide range of issues for you and represent you in your pending case. Our services extend to clients throughout Long Island and New York. One phone call and you will receive a free consultation concerning your case.