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Los Angeles Employer Workers' Compensation Law Blog

Facing a false injured worker claim as a California employer

Taking care of one's employees through appropriate training, well-documented contracts and various other means of good management is par for the course for employers throughout California. In addition, employers typically understand the need for workers' compensation insurance that provides benefits to injured employees to help cover medical costs and lost wages in the aftermath of workplace accidents. However, an employer may also face significant legal difficulty when a false injured worker claim is filed.

Although most employers would like to think the best of their workers, more than one has been deceived by fraudulent injury claims. Fraud is committed when a worker claims to have been injured on the job, when the injury actually occurred outside the workplace. Others have attempted to take unlawful advantage of the system by exaggerating the severity of their work accident injuries.

California employer defense may involve video evidence

The running of a California business is comprised of many aspects related to finances, management and a myriad of other issues, including productivity and profitability. Any number of things can throw a wrench into the success of a business. Workers committing fraud by filing false compensation claims is definitely one of them. In such situations, several options may be available to build a strong employer defense. Often, this involves capturing video evidence of fraud in action.

There have been many reported incidents in which employees who have claimed to be unable to work due to injuries that happened on the job are seen in video surveillance films performing actions they supposedly are unable to do. For instance, a worker who claims to be unable to use his arm may then be seen on video using that arm to pitch at a softball game. Videos taken in similar situations have allowed employers to pursue justice against those who have unlawfully claimed compensation benefits for personal gain.

Workers' compensation fraud ongoing problem in California

Employers must keep close eyes on their companies in order to prevent employee schemes that may cause them to suffer substantial financial losses. Workers' compensation fraud is problematic in many areas, including various workplaces in California. Fortunately, an employer has the right to take legal action when employee fraud is suspected.

An experienced workers' compensation defense attorney is able to prepare aggressive representation on behalf of any employer who suspects that a worker has filed a fraudulent claim. Often, such situations include the exaggeration of a work-related injury or a claim that an injury occurred on the job, when, in fact, it happened outside the workplace. Repeated incidents of employee fraud can ultimately lead to increased insurance premiums for which employers will have to bear the cost.

Taking legal action against workers' compensation fraud

Though employers in California and other states must purchase insurance that protects employees who are injured or become ill on the job, they should not have to bear the burden of increased premiums and financial losses caused by workers who attempt to misuse the system. Workers' compensation fraud remains problematic for many business owners. Employers who suspect that a fraudulent claim has been filed within their companies will want to be aware of the legal options available to fight against illicit claims.

A situation in another state led to an indictment on a recent Monday against a bartender accused of defrauding an employer. Apparently, the man was injured in 1994 while employed at a grocery store. Since then, he has allegedly claimed that he remained unemployed. He reportedly collected nearly $25,000 in workers' compensation benefits.

How to build strong employer defense against workers' comp fraud

California employers often face legal challenges pertaining to workers' compensation. Though an employer may understand that it is only right for an injured worker to receive benefits to help pay medical bills and other related expenses, that same employer may have to battle to protect business interests when a fraudulent claim is filed. In such situations, it is typically crucial to build a strong employer defense, which is often best accomplished through sound legal counsel.

For four decades, Sacks & Zolonz, LLP, has been helping employers and insurance companies defend themselves against falsified compensation claims. Such situations often call for an aggressive approach when seeking a legal resolution to the problem. Our attorneys are experienced in thoroughly investigating a claim in order to determine if evidence of fraud exists.

Guarding against workers' compensation fraud in the workplace

Falsified compensation claims in the workplace can greatly impede production and success in businesses, large or small. Employers often face complicated legal challenges when trying to protect their business interests and seek justice against workers' compensation fraud. In California and beyond, an experienced employment attorney would be able to help determine the best course of action to take under such circumstances. 

For every four insurance fraud claims in the nation, at least one of them is related to workers' compensation.  Bogus workers' compensation claims often exaggerate the severity of an employee's injuries. Other fraudulent claims state that an injury occurred on the job when, in fact, it happened elsewhere outside the scope of employment. Repeated acts of compensation fraud that go undetected can lead to increases in insurance premiums for which employers must bear the burden.

Fighting a falsified injured worker claim in California

Most employees are honest when it comes to reporting an injury that occurred on the job and filing necessary documents to claim benefits in the aftermath of a workplace accident. There are those, however, who attempt to falsify an injured worker claim in order to abuse the system and seek personal financial gain. California employers must remain on-guard for signs of employee fraud in the workplace so that such situations can be immediately and aggressively addressed to deter other workers from committing similar acts in the future.

There are several common ways that workers attempt to fool the system when filing injury claims through their employers. One is to say that an injury took place on the job, when, in fact, such may not be the case. Other workers have exaggerated the extent of their injuries. Perhaps an accident involved a slightly pulled muscle but the claim states a much more serious condition.

Fighting against employee fraud in California

Employers may face substantial financial losses when employees file false workers' compensation claims. Employee fraud can not only damage a company's economic standing, but can also harm a business's reputation. There are several things California employers can do to fight against negative employee activity in the workplace.

One publication stated that businesses, in total, may lose as much as $4 billion because of employee fraud and embezzlement crimes in the workplace each year. Many businesses are not able to withstand such grave financial losses. In addition, a fraud scheme might continue for as long as two years before an employer becomes aware of the situation. Small business owners suffer greatly with median losses of at least $200,000 in each fraud case. 

Where to go for legal help against employee fraud in California

California employers are often faced with legal challenges that arise when workers get hurt on the job, then exaggerate the severity of their injuries. This, and other types of employee fraud can greatly impede the day-to-day success of a business. A key factor in putting a quick end to such issues is often found in seeking experienced legal help to weed out fraudulent claims through thorough research and investigation.

Sacks & Zolonz, LLP, is a dedicated team of attorneys with more than 40 years of experience helping employers fight against fraud in the workplace. Misrepresenting an injury or filing a false compensation claim is illegal. We have successfully litigated many cases that have led to criminal charges that resulted in jail time for employees who have committed unlawful acts.

Employee fraud prosecutable by law in California and all states

Most successful employers are always on the look out for possible fraud schemes in the workplace. Employee fraud seems to be a major problem in some businesses. California employers can take comfort, however, in knowing that the law is on their side when such legal challenges arise.

One of the most common types of employment fraud seems to be that of filing false workers' compensation claims. Because an employee does not have to prove that an injury was another party's fault in order to claim benefits, falsifying such claims seems to pose a great temptation to some workers. Such situations can be complicated, and employers often have to enlist outside help to conduct extensive investigations in order for the truth to be revealed.

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