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.

Who Is Responsible After a Construction Site Accident?

It might seem obvious after a construction site accident – file a workers’ compensation claim and that’s it.  However, a workers’ compensation claim may not fully protect your legal right to full and fair compensation after a construction site accident.

Generally speaking, an injured worker is prohibited from filing any type of private lawsuit in addition to filing a workers’ compensation claim.  However, construction site accidents are one category of accident where that prohibition does not always hold true.

If an individual or a company other than the company that employs the injured worker was fully or partly responsible for causing the accident, then the injured worker may be able to file a private lawsuit against that person.  This legal concept is known as third-party liability.

Examples of construction site accidents in which the injured worker may have the right to file a third-party liability claim include:

  • Another subcontractor on the site fails to install proper safety and warning signs, leading to a serious trip and fall accident
  • Another subcontractor hires a worker without sufficient experience, and that worker injures another by performing sub-par work
  • A worker is seriously injured in a fall due to defective fall prevention safety equipment
  • One worker is assaulted by another worker who was hired without a basic background check, which would have revealed multiple felony convictions for violence at the workplace
  • A construction site worker is injured by a forklift driven by an operator without minimum training

If you are being asked to work on a construction site with known safety hazards, you may want to consider filing a safety complaint with the Occupational Safety and Health Administration (OSHA).

If, however, you have already been injured on a construction site, then it is highly advisable to seek advice from experienced personal injury lawyers.

Contact Shaffer & Gaier

To set up a free initial consultation with knowledgeable personal injury attorneys after a construction site accident, contact our office online, call our Philadelphia office location at 215-751-0100, or call our New Jersey office at 856-429-0970.

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