“There is something fishy about this workers’ compensation claim, is he/she trying to fabricate a claim to receive benefits?” this is the thought that crosses the minds of many employers in Los Angeles, Van Nuys and all across California. Why? Because many injured employees make certain mistakes that make their workers’ compensation claims look fraudulent and fishy.
Even if you honestly believe that your claim is NOT fraudulent and you are sincerely trying to seek workers’ compensation benefits because you were injured in the workplace, there are certain things you do that make your claim look untrustworthy.
Regardless of how legitimate your claim is, it is important to get a second opinion and legal help from a workers comp attorney Los Angeles. Trust me on this one, your employer will protect his/her business from fraudulent claims at all costs, which is why you should not plant even the tiniest seed of doubt in your employer’s head.
That is why we invited our experienced workers’ compensation attorney in Los Angeles from the Law Offices of Kropach & Kropach to outline signs your workers’ compensation claim looks fraudulent in the eyes of your employer.
Just like an insurance company adjuster frowns in disbelief when he or she reviews a personal injury claim from a car accident that had no witnesses and police report, your employer might not be eager to believe that your workers’ compensation claim is legitimate if the workplace accident was not witnessed. However, you do not necessarily need witnesses to obtain workers’ comp benefits, as an experienced lawyer can launch an investigation into your claim and prove that your injuries are work-related without witness accounts.
If you have been injured in the workplace, you know it hurts, so you want to start treatment as soon as possible. Many injured employees even make the mistake of refusing diagnosis altogether. All they want is treatment, not the diagnosis. That is one of the most common signs of a fraudulent workers’ compensation claim. If you have nothing to hide, prove it by seeking medical attention and documenting your injury.
As much as we would love to believe that we have a right to privacy, it is not entirely true for social media. Anything you post on your Facebook, Twitter or Instagram is up for grabs, which means anyone can see it. Social media postings are considered public record, so do not be surprised if your employer or insurance company adjuster Googles your name to check your social media accounts.
That is where many injured workers have difficulties proving the validity of their workers’ comp claim, because, in case of even the slightest social media inconsistency, your claim can be denied (so avoid posting photos of yourself performing a physically demanding activity, even if it was taken prior to your injury, until your claim has been settled).
If you reported your workplace injury long after the incident, your employer will naturally get suspicious. Reporting a work-related injury long after it occurred in the workplace or long after you were diagnosed with a non-accident injury or illness can hurt your chances of recovering workers’ comp benefits.
Reporting your workplace injury in time is only half the battle, as it also matters what is in that report. If your story and report are vague and do not go into the details of how the accident occurred, your employer might think that you are trying to fabricate a story from scratch. That is why it is important to be as specified in the report as you can, and be prepared to answer any follow-up questions from your employer.
However, it is not advised to make a report or answer any questions if you have not consulted with a Los Angeles workers’ compensation attorney. Get a free consultation from our lawyers at the Law Offices of Kropach & Kropach by calling at 818-609-7005 or fill out this contact form.