What Is Workers Compensation Fraud and Abuse?

Atlanta workers’ compensation fraud and abuse cases often focus on instances where employees fake or exaggerate injuries to receive benefits. However, it’s vital to understand that employers can also commit fraud and abuse in the workers’ compensation system. When employers engage in fraudulent activities, it can harm employees by denying them the benefits they deserve. For example, employers can commit fraud by misclassifying workers, underreporting payroll, or pressuring injured employees to return to work early. These actions are not only unethical but illegal.

The Atlanta workers’ compensation lawyers at Jonathan R. Brockman, P.C. have repeatedly seen how fraud and abuse can hurt injured workers. Read on to learn how employers can commit workers’ compensation fraud and abuse and what it means for injured workers.

Examples of Workers’ Compensation Fraud and Abuse by Employers

Employer workers’ compensation fraud happens more often than you think in Atlanta. Some common examples of employers cheating their workers out of their rightful benefits include:

• Misclassifying Employees: Employers might label workers as independent contractors when their duties should qualify them for workers’ comp benefits. In other cases, a company might give a worker a lower-risk job classification to reduce the company’s insurance premiums. These tactics can leave injured workers without proper coverage or benefits when they sustain on-the-job injuries.
• Underreporting Payroll: Some employers underreport their payroll to lower their workers’ compensation premiums. This fraudulent act can result in inadequate coverage for employees and lead to financial problems when workers sustain injuries.
• Failing to Provide Coverage: Under Georgia law, most employers must provide workers’ compensation insurance for their workers, both full-time and part-time. Some employers may try to cut costs by not obtaining this coverage, leaving injured workers without the benefits they need.
• Delaying or Denying Claims: Employers might unlawfully delay or deny legitimate workers’ compensation claims to avoid paying out benefits. This tactic can cause financial hardship and prevent workers from receiving necessary medical treatment.
• Retaliation Against Workers: Employers may retaliate against workers who file workers’ compensation claims by demoting, firing, or harassing them. This illegal practice discourages employees from reporting injuries and seeking the benefits they should receive.
• Coercing Injured Workers: Some employers pressure injured workers to return to work before they’ve fully recovered. This can worsen employees’ injuries and reduce their chances of a full recovery.

What To Do if Your Employer Commits Workers’ Compensation Fraud or Abuse

If your employer has committed workers’ compensation fraud or abuse, it’s crucial to take action to protect your rights. Here’s what to do:

• Document Everything: Keep detailed records of your injury, medical treatments, and any interactions with your employer regarding your workers’ compensation claim. This documentation is crucial evidence for proving fraud or abuse.
• Report the Fraud: If you believe your employer has committed fraud, report it to the Georgia State Board of Workers’ Compensation. They can investigate the matter and take appropriate action.
• Consult an Attorney: Speaking with a workers’ compensation attorney can help you understand your rights and options. A lawyer can help you file a complaint with the authorities and seek your rightful benefits.
• Don’t Sign Anything Without Legal Advice: If your employer asks you to sign any documents related to your workers’ compensation claim, talk to a lawyer first. By signing those documents, you might be giving up important rights without realizing it.
• Stay Informed: Educate yourself about workers’ compensation laws and your rights as an employee. Knowing the rules can help you recognize when something isn’t right.

Potential Compensation in Cases of Employer Workers’ Compensation Fraud

If you can prove that your employer committed workers’ compensation fraud, you could recover substantial compensation. In many cases, you could recover more than you would receive in a standard workers’ compensation claim. This could include back pay for wages you should have received and compensation for wrongfully denied medical bills. You might also receive punitive damages if your employer’s actions were particularly egregious.

In some cases, you could also recover compensation for emotional distress resulting from your employers’ fraudulent actions. Finally, if your employer retaliated against you for reporting the fraud, you could recover compensation for lost wages and other damages.

How Our Atlanta Workers’ Compensation Lawyers Can Help You

At Jonathan R. Brockman, P.C., we understand how frustrating it is when your employer commits workers’ compensation fraud or abuse. Our experienced Atlanta workers’ compensation lawyers can protect your rights and help you seek fair compensation. We’ll guide you through the legal process, gather evidence, and fight to hold your employer accountable.

Let us handle the legal details so you can focus on your recovery. Call (770) 205-8827 today or complete our contact form for a free consultation to discuss your case.