Workplace health and safety is a topic that every employer needs to take seriously. Thousands of workers experience significant injuries on the job annually. As we discussed in the first section of this two-part article, in some cases, workers take advantage of workers’ compensation laws. They may even obtain support for their claim from a medical professional. If you’re an employer that has any questions pertaining to workers’ compensation laws, contact a workers’ compensation defense attorney in Florida.
Detecting a False Claim
Although you should always take a workers’ compensation claim seriously, it’s important to also analyze the situation and at least look for red flags pertaining to an employee that may be filing a false claim. Here are some telltale signs that employees were not injured at work:
- Questionable Timing: Did the worker report the injury several weeks or months after the date the injury allegedly transpired? Was this a Monday morning report? Many workers are injured over the weekend or away from work, but file a claim anyways.
- Disgruntled Employee: Has this worker been involved in recent workplace conflicts or had issues with management? Has the worker recently made any paid time off requests or showcased behavioral issues? Unfortunately, some difficult workers fake injuries to get paid time away from work.
- Accountability: Were there workers present when the worker was injured? Is the worker consistent about what exactly transpired? If the details of the story change and nobody observed the injury, it’s difficult to take the employee’s word for it.
- Uncooperative: Is the worker refusing to undergo the necessary medical tests to validate their injury? Are they unwilling to perform less labor intensive work tasks? If the worker is reluctant to go through the appropriate motions, they may be hiding something.
- History: Does this worker have an employment history that includes previous claims, litigation, or similar workplace incidents? This is another indicator that the employee’s claim may be false.
Consult With Legal Experts
Whether your employee was injured outside the workplace, greatly exaggerated an alleged workplace injury, completely fabricated an injury, or is seeking treatment for an old injury, employers should not have to compensate a worker that is dishonest and taking advantage of the system. For any workers’ compensation concerns, employers should consult our law firm. Our lawyers can analyze your case and provide you with legal insight that protects your business.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.