Top Astoria, NY Workers' Compensation Fraud Lawyers Near You
With Almost 30 Years of Criminal Law Experience, Mr. Tilem, a Former Prosecutor and His Team Have the Skills, Experience, and Knowledge To Defend Your Rights and Win Your Case.
Facing Federal or State Charges in New York or New Jersey? Retain a Respected & Successful NYC Criminal Defense Lawyer. Samuel has been Selected to Super Lawyers Since 2011!
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FOCUSED on FEDERAL CHARGES. Experienced Former Federal Prosecutor, Protecting Your Rights & Freedom In Your Defense Of A Federal Criminal Charge
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A Strong Defense From A Former NYC Prosecutor. Experience On Both Sides Of The Courtroom. Call For FREE Consultation. Avail 24/7
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123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Astoria area handle cases involving Workers' Compensation Fraud.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Workers' Compensation Fraud issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Astoria, New York help you today.
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420 Lexington Ave, Suite 2059, New York, NY 10170
108-15 Crossbay Blvd, Queens, NY 11417
332 Willis Ave, Mineola, NY 11501
1185 Avenue of the Americas, Suite 3400, New York, NY 10036-4003
50 Main St, Hempstead, NY 11550-4054
7 Times Sq, 44th Floor, New York, NY 10036
45 Rockefeller Plaza, New York, NY 10111-0100
350 Broadway, Suite 1201, New York, NY 10003
136-18 39th Ave, 8th FL, Flushing, NY 11354
950 Third Ave, Suite 2400, New York, NY 10022
100 Quentin Roosevelt Bld, Ste 511, Garden City, NY 11530
810 7th Ave, Suite 405, New York, NY 10019
700 White Plains Road, Suite 237, Scarsdale, NY 10583
1211 6th Ave, 26th Floor, New York, NY 10036
75 S Broadway, Suite 403, White Plains, NY 10601
90 Merrick Avenue, 9th Floor, East Meadow, NY 11554
953 Franklin Avenue, Suite 100, Garden City, NY 11530
87 Walker St, 2nd Floor, New York, NY 10013
479 Merrick Rd., Lynbrook, NY 11563-2405
1441 Broadway, 3rd FL, New York, NY 10018
11 Broadway, Suite 615, New York, NY 10004
259 Mineola Blvd, Suite 200, Mineola, NY 11550
118-21 Queens Blvd, Suite 518, Forest Hills, NY 11375
Astoria Workers' Compensation Fraud Information
Lead Counsel independently verifies Workers' Compensation Fraud attorneys in Astoria and checks their standing with New York bar associations.
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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 York?
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