Top Crownpoint, NM Workers' Compensation Fraud Lawyers Near You
101 N Main St, Suite 7, Breckenridge, CO 80424
388 Evans Street, Suite 2D, Williamsville, NY 14221-5626
300 Buttermilk Pike, Suite 100, Fort Mitchell, KY 41017
250 1st Ave, Suite 205, Needham Heights, MA 02494
121 W. Elm Street, Canton, IL 61520
919 Center Street, Conyers, GA 30012
399 Washington Ave NE, Marietta, GA 30060
28 Broadway Ave, Suite 206, Kissimmee, FL 34741
3917 University Dr, Suite 250, Durham, NC 27707
1518 Walnut Street, Suite 807C, Philadelphia, PA 19102
4700 Airport Fwy, Fort Worth, TX 76117
4549 Main St, Suite 201, Buffalo, NY 14226
2875 NE 191st St, Suite 500, Aventura, FL 33180
7275 NW 1st Ct, Unit 104, Miami, FL 33150
1930 E Brown Rd, Ste 102, Mesa, AZ 85203
770 Main Street, Niagara Falls, NY 14301
105 East College St, PO Box 311412, Enterprise, AL 36331
5913 Harbour Park Dr, #102, Midlothian, VA 23112
810 E Market St, New Albany, IN 47150
3000 Dundee Road, Suite 303, Northbrook, IL 60062
128 Grant Ave, Suite 223, Santa Fe, NM 87501
55 East Pine Street, Orlando, FL 32801-2617
100 Cambridge Street, 14th Floor, Boston, MA 02114
1 E Superior St, Suite 500C, Chicago, IL 60611
2 Penn Center-1500 John F. Kennedy Blvd, Suite 1900, Philadelphia, PA 19102
Crownpoint Workers' Compensation Fraud Information
Lead Counsel independently verifies Workers' Compensation Fraud attorneys in Crownpoint and checks their standing with New Mexico bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
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