Faking Workplace Injuries – Why it’s a Bad Idea

Workplace Injury Attorneys in Pennsylvania and New Jersey

When the physical or mental demands of a job become more than we can bear, it’s not uncommon to daydream about winning the lottery or finding a “dream” job” that will magically make our lives better. Unfortunately, frustration with work or unhappiness in one’s personal life leads some people to fake a workplace accident in the hopes of getting rich quick and quitting work. Some may think it’s unlikely they’ll get caught or, if they do, it’s a minor offense. In reality, faking a workplace injury constitutes insurance fraud.

Faked Job Injuries and Insurance Fraud

Recently, Attorney General John J. Hoffman of the Office of the Insurance Fraud Prosecutor announced the indictment of a 31-year old Perth Amboy man on charges of insurance fraud. According to the indictment, the Middlesex County man faked an accident at his workplace in order to receive over $500,000 in medical benefits to cover injuries he sustained prior to his employment.

Vinny Curbelo, the man under indictment, also received more than $55,000 in temporary disability benefits over the course of a two-year period following his faked accident. Mr. Curbelo worked at an auto body shop and is alleged to have stolen roughly $17,000 from the bank accounts of the body shop as well. The defendant faked his accident by pretending he fell at work, filing claims for his injuries under his employer’s worker’s compensation insurance.

Worker’s Comp Fraud – A Criminal Matter

Mr. Curbelo is charged with second-degree healthcare fraud, second-degree theft by deception, second-degree attempted theft by deception, second-degree insurance fraud, second-degree computer criminal activity, and third-degree theft by unlawful taking. What is important to remember here is that faking a workplace accident can lead to multiple charges and, depending on whether a computer was used, funds wire or transferred, or Social Security benefits received, potential federal charges as well.

Insurers have a Number of Investigative Resources

Getting away with insurance fraud after a faked workplace accident isn’t as easy as it may seem at first. Insurers use investigative resources that check up on employees that allege they’ve been injured. They check an employee’s use of social media for any evidence their injuries are not as serious as they claim, observe employees in public places to determine if they’re faking an injury, and may periodically request a medical exam to verify an injury claim.

Contact Philadelphia Workplace Injury Attorneys Shaffer & Gaier

If you’ve been injured in a workplace accident or have questions about whether or not you have legitimate grounds to file a worker’s compensation claim, contact workplace injury attorneys Shaffer & Gaier today. We offer a free initial consultation. To set up an appointment, call our Philadelphia office at 215-751-0100 or our Haddonfield, New Jersey office at 856-429-0970.

Workers’ Compensation Claims – Ten Common Mistakes

After a workplace injury, a workers’ compensation claim can provide much-needed financial assistance. Avoid these common mistakes, however, to maximize the likelihood of success with your workers’ compensation claim. This blog post lists five common mistakes. Stay tuned for a second article listing five more common workers’ compensation claim mistakes.

  1. DO tell your doctor you got hurt at work.
    You may think your doctor doesn’t need to know, or that it complicated things unnecessarily. Your doctor needs to know so that he or she is prepared when the workers’ compensation insurance company calls.
  2. DO report your injury even if you think your health insurance will cover all your expenses.
    Health insurance definitely does not cover lost wages, which is one of the major categories of expenses covered by workers’ compensation insurance. Workers’ compensation is better than health insurance coverage for workplace injuries for other reasons, too, including lack of a deductible and coverage of expenses that most health care policies do not pay.
  3. DO report even if you didn’t miss work.
    Workers’ compensation pays more than missed wages. A properly filed and qualifying claim will also pay other costs like medical care, travel costs to receive care or fill prescriptions. Furthermore, a seemingly minor injury can worsen with time, and you could miss out on critically important benefits if you don’t report the original injury.
  4. DO report even if you think the incident was your fault.
    First of all, you might be wrong. An experienced workers’ compensation attorney reviewing your claim and the incident may determine that responsibility lies elsewhere. Also, the very purpose of the workers’ compensation system is to allow employees to get financial compensation for on-the-job injuries without having to prove fault, except in cases where the employee’s extreme negligence or purposeful misconduct caused the incident.
  5. DO report even if the workplace injury “just” worsened an existing condition.
    Workers’ compensation may cover injuries that make an existing injury or medical condition worse. These are legally and medically complex cases and it is wise to seek guidance from a knowledgeable workers’ compensation attorney as soon as possible after the incident.

What are the next five most common workers’ compensation claim mistakes? Stay tuned.

Contact Shaffer & Gaier

To set up a free initial consultation regarding a workers’ compensation claim, contact our office online or call our foreclosure hotline at 855-289-1660. Or, call our Philadelphia office location at 215-751-0100 or our New Jersey office at 856-429-0970.

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