Suspect A Fraudulent Workers Compensation Claim? 4 Steps To Take To Defend Against It

Posted on: 7 May 2018

When you own a business, you can't afford fraudulent workers compensation claims. Your insurance premiums go up each time your insurance company is forced to pay out on a claim. Unfortunately, the cost of those claims are passed on to you. If you suspect that one of your employees has filed a fraudulent workers compensation claim, you need to hire a defense attorney. A workers compensation defense attorney will help you fight the payment of that claim. Here are four steps that will help you fight a fraudulent workers compensation claim.

Keep Accurate Employee Files

When it comes to defending against a fraudulent workers compensation claim, the best thing you can do is maintain accurate employee files. You might not think that those files are going to help in a workers compensation case, but they will. This is particularly true when it comes to fraud. You see, if you've kept accurate files, you can show a pattern of behavior – such as malingering, history of injury complaints, etc. Without accurate files, you have no way of providing evidence when you use these events as a defense against the current claim. To protect yourself, and your business, always keep accurate employee files.

Document the Incident Accurately

If one of your employees has filed a workers compensation claim, it's crucial that you document the incident properly. This includes filing the incident report in a timely and accurate manner. You should report the incident as soon as you become aware of it. Be sure to document how the incident occurred, the people who were present at the time, and the treatment that was provided on scene. It's also important that you keep a file of all the paperwork you receive pertaining to the incident.

Gather Evidence and Witness Information

If your employee is suing for workers compensation benefits, and you believe they've filed a fraudulent claim, it's important that you gather evidence and witness information to support your concern. Some evidence you should gather will include previous statements made by the employee, security video of the area where the incident occurred, as well as statements from any witnesses to the incident. Your attorney is going to need this information to defend you properly.

Maintain Communication with Your Attorney

When you're disputing a workers compensation claim, you need to maintain communication with your attorney. This is particularly important when it comes to providing new evidence or information. If you haven't contacted a workers compensation defense attorney yet, you need to do that now. Fraudulent workers compensation claims can ruin your business. Contact a firm, like Dawson & Associates, LLC , for more help.