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Off The Record – Workers’ Comp – Fraud Allegation

Video Transcript

My name is Greg Osborn. I’m an attorney at Turley Redmond & Rosasco specializing in workers’ compensation claims. Today we’re gonna talk about what could be the intimidating issue of a fraud allegation against an injured worker. You’ll likely see the fraud allegation from an insurance carrier’s attorney, and it will likely be at a workers’ compensation hearing in front of a law judge. Again, this can be a very intimidating issue, and there’s common misconceptions about what this allegation would be.

The allegation stems usually from two types of situations. The first is an injured worker who is actually working at the time receiving workers’ compensation benefits. And the other is an allegation that you are acting inconsistent with your disability claim.

So the first one is fairly straightforward. If you’re working while receiving workers’ compensation benefits, that could lead to some trouble, however, the misconception is, what is work? Work does not just mean that you’re going to work and getting a paycheck for your services. You do not need to be getting paid, you could be volunteering, it could be going to a job site and helping a friend, and you need to be very careful with what your activities are while you’re on workers’ compensation.

The second issue is a little less clear, it’s being inconsistent with your claim. So for example, if you are claiming that you cannot lift your arm, your right arm due to a surgery, the insurance carrier can, and they have the ability to put surveillance on you, of course, outside your home and in public. And if you’re at the store using your right arm and lifting heavy weight, that could lead to an issue with the workers’ compensation board. Since the penalties can be very significant and even lead to criminal issues, if you find yourself in this situation, you need to contact an attorney, an experienced attorney who can counter and figure out where these cases are going. You need to do that immediately. We are very,,,and I am personally very experienced on these issues and you can contact us at 516-745-5666.

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