Top Crownpoint, NM Workers' Compensation Fraud Lawyers Near You
201 St. Charles Ave, Suite 2500, New Orleans, LA 70170
555 W Beech St, Ste 508, San Diego, CA 92101
1345 Ave of the Americas, New York, NY 10019
135 W Main St, Suite 207, Stoughton, WI 53589
5444 Westheimer Rd, Suite 1250, Houston, TX 77056
3 Dakota Dr, Suie 300, New Hyde Park, NY 11042
2204 Market St., Suite 2, Camp Hill, PA 17011
3208 West State Road 426, Suite 2000, Oviedo, FL 32765
1000 Law & Finance Bldg., 419 4th Avenue, Pittsburgh, PA 15219
235 Main Street, Suite 104, Danbury, CT 06810
330 Clematis St, Suite 209, West Palm Beach, FL 33401
708 Third Avenue, Fifth Floor, New York, NY 10017
300 SE 2nd St, Suite 600, Fort Lauderdale, FL 33301
140 North Main Street, Suite B, Springboro, OH 45066
484 Delaware Avenue, Buffalo, NY 14202
100 Crossways Park Drive West, Suite 402, Woodbury, NY 11797
50 West San Fernando Street, 10th Floor, San Jose, CA 95113
3601 N. Pennsylvania Street, Indianapolis, IN 46205
207 Swordgate Dr, Cary, NC 27513
1617 John F Kennedy Blvd, Suite 2005, Philadelphia, PA 19103
917 Franklin St, Suite 510, Houston, TX 77002
33 College Hill Rd, Building 20, Warwick, RI 02886
5300 Memorial Dr, Suite #750, Houston, TX 77007
2250 SW 3rd Avenue, 4th Floor, Miami, FL 33129
324 Washington Avenue, SW, Roanoke, VA 24016
Crownpoint Workers' Compensation Fraud Information
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What Is Workers’ Compensation?
Workers’ compensation provides benefits for workers who are injured on the job or suffer a work-related illness. Most employers are required to provide workers’ comp insurance for employees. When an employee is injured in the workplace, a workers’ comp claim provides medical coverage and partial wage replacement while the employee is unable to work.
The workers’ compensation process is generally a no-fault system. The employee is supposed to be covered for any work-related accident or occupational diseases. The worker does not have to show the employer was negligent. In return, the employer is protected from most personal injury lawsuits related to the accident and the compensation claims are limited to wage benefits, medical care, and disability benefits.
If employers or workers comp insurance carriers suspect the employee is committing fraud, they may investigate the claim to deny coverage or report the employee for fraud. If criminal fraud is suspected, law enforcement agencies may work with the insurance provider and employer to investigate the worker and could prosecute the worker for criminal charges.
What Qualifies as Workers’ Comp Fraud in New Mexico?
Workers’ comp fraud involves fraud or misrepresentation in a workplace injury claim. Fraud may involve the worker trying to claim benefits for a non-covered injury or claim benefits when they are still able to work. Some examples of workers’ comp fraud include:
- Claiming a non-workplace injury happened on the job
- Claiming to be disabled when the worker can still perform their job functions
- Intentionally causing an accident or injury to get benefits
- Working another job under the table while receiving benefits
- Advising other workers on how to fraudulently claim workers’ comp benefits
- Filing multiple claims for the same injury
Fraud in workers’ comp claims can also involve health care providers. Doctors, medical service providers, and chiropractors may work together to defraud the workers’ comp system. Workers’ compensation insurance fraud rings may recruit workers to claim workplace injuries, with a medical provider making a false diagnosis of an injury, and doctors fraudulently treating the injured employees or billing for medical procedures that were never provided.
What Investigators Look For in Workers’ Comp Fraud
Some insurance providers or employers look for “red flags” that may indicate possible fraud. This may be a clue to further investigate the claim, talk to other employees, or use a private investigator to monitor the injured worker. Some possible red flags of workers’ compensation fraud may include:
- No witnesses to the accident
- Employee refusing treatment or examination
- Worker is difficult to contact after filing a claim for workers’ comp
- Injury occurred right before or after a planned vacation
- Injury occurred shortly before the employee was to leave the job
- Employee reported the injury after a poor performance review or workplace incident
- Treatment is inconsistent with the alleged injury
- Extent of injury and accident time frame do not match up
Is Workers’ Comp Fraud a Felony?
Workers’ compensation fraud can be charged as a misdemeanor or a felony, depending on the situation. As a misdemeanor, a conviction for fraud could result in up to a year in county jail and a fine. If fraud is charged as a felony, penalties can include more than a year in prison, fines, and restitution.
Some incidents of workers’ comp fraud can include additional criminal charges. The defendant may face related charges for:
- Identity theft
- Insurance fraud
- Health care fraud
Investigating Workers’ Comp Fraud
Insurance companies and the employer may investigate employees even without indications of claimant fraud. The insurance company and employer have a financial interest in denying workplace injury claims. As a result, they may wrongly deny a legitimate claim for an injured worker. Many employees do not go through the process to appeal the denial, and end up going without the benefits they deserve.
Do Private Investigators Follow Workers After a Claim?
A private investigator may follow the worker with video surveillance. Investigators may also talk to co-workers or neighbors about the worker’s activities. Social media accounts may also be reviewed for evidence that could hurt the worker’s claim. Some of the things investigators look for when an employee makes a workers’ comp claim include:
- Participating in sports or leisure activities
- Doing yard work, home improvement projects, or heavy lifting
- Going on vacation after making a claim
- Social media post showing the cause of the injury that is unrelated to work
- Medical bills for appointments the worker never attended