Workers are a protected class who have the right to seek compensation for medical expenses and lost wages tied to an on-the-job work injury, but if they don’t go about this process the right way, they can find themselves charged with workers’ compensation fraud. Whether you act with deliberate intent or you assume a little white lie won’t hurt anybody, you may find yourself facing criminal charges if you act fraudulently.
But what exactly constitutes workers’ compensation fraud in Minnesota? We explore what could be considered workers’ compensation fraud in today’s blog.
Workers’ Compensation Fraud
Workers’ compensation fraud can take many forms, so it pays to be aware of what action could get you in trouble when pursuing workers’ compensation in Minnesota. Let’s look at some of the most common forms of workers’ compensation fraud:
Fake Injuries – If you pretend that you suffered an injury, or you lie and state that your symptoms are worse than they actually are, you are committing fraud.
Intentional Injuries – Intentionally injuring yourself so that you can collect workers’ compensation is a form of fraud.
Fact Twisting – If you lie about the events that led up to your injuries, you may be found guilty of fraud. For example, if you said that you injured your ankle while falling off a ladder, but you actually suffered the injury off the clock, you are committing workers’ compensation fraud.
Overcollection – If you have made enough of a recovery to return to work in a limited or full capacity, but you continue to collect injury compensation, it’s possible that your benefits will be terminated and a fraud case pursued. Also, if you become aware that your injury claim is being overpaid, and you don’t report it, you could be charged with fraud.
When it comes to workers’ compensation fraud, intent is key. A legitimate mistake of fact or an uncorrected oversight will not make you guilty of fraud. You must intend to defraud the workers’ compensation system in order to be found guilty of fraud.
Other elements that are required in order to prove that workers’ compensation fraud has occurred include:
- A false or misleading statement of material fact
- The intention of leveraging this false statement into real benefits
- The misrepresentation leads to actual damages or loss to another entity.
In other words, the other side needs to prove that you knowingly provided false information into order to collect benefits, and another entity (your company or the insurance company) suffered actual losses as a result of this information.
The penalties for workers’ compensation fraud are severe. Depending on how significant the losses are, you could face felony charges for your actions, which could bring the possibility of major fines and even jail time. Of course, you could also be fired from your job and face the social stigma of being someone found guilty of workers’ compensation fraud. Don’t assume that a little white lie won’t hurt anyone, because if the lie unravels, your whole world can flip upside down.
Let us help build a case and ensure you don’t end up putting yourself in a compromising position. For assistance with every step of your injury claim, reach out to the team at Hey Workers today at (844) 439-9675.
