What is workers compensation? It is an insurance program which provides injured workers with compensation for their work-related injuries. Unlike other type of insurance programs, workman?s comp is a no-fault program, and the worker does not have to prove that their work injury was caused by the negligence of another person or company.
Not only are medical expenses covered, certain workers will be entitled to wage replacement compensation which they have lost because they are not able to work. Given the benefits of this type of insurance program, it is no wonder that some dishonest workers target this program and attempt to get compensation when they have not actually be injured on the job.
What is workers? compensation fraud? It can include a variety of illegal activities. For instance, workers may simply exaggerate their work injuries or fake them altogether or doctors and lawyers may work with claimants to entice them to cheat the system by filing fraudulent California workers? compensation claims. The cost of the fraud is than passed onto the taxpayers and the American public. Fraud can also include insurance fraud (crimes of intentional misrepresentation of payrolls).
Did you know that in California in 1991 the Workers? Compensation Fraud Program was established through the passage of Senate Bill 1218 (Chapter 116). This bill made workers? compensation fraud a felony and required all insurance companies to immediately report fraudulent activities to the Fraud Assessment Commission so they could investigate the level of the fraud and prosecute the guilty parties.
Who funds this commission? It is the employers of the state of California who are required by law to insure their employees. So how prevalent is workers? compensation fraud in California? In 2009- 2010, the California Fraud Division reported that there were 5,728 SFCs, they assigned 754 new cases, made 269 arrests and referred 280 submissions to prosecuting authorities. Potential loss amounted to $1,150,136,727.
Has the Workers Compensation Fraud Program been Successful in California?
California had done studies which suggest their more aggressive anti-fraud campaigns have been successful. They claim that the task force, the D.A., California employers, and insurance companies have all helped to reduce workers compensation crimes and have helped to reduce workers? compensation costs for employers. Although most fraudulent activities are never identified or investigated, the District Attorney confirms that in 2009-2010 there were 682 arrests, the majority of which were made by the Workers Compensation Fraud Division. California workers can be injured performing a variety of jobs. Some workplace injuries may not be covered. For instance, if a worker is injured due to their own intentional or reckless action meant to cause injury, from flagrantly ignoring a standard safety precaution, while travelling to or from work or while intoxicated, California workers? compensation may not be awarded. What types of California work injury or occupations illnesses are generally covered? There are hundreds of common injuries which may be covered: back and neck injuries, carpal tunnel syndrome, hernias, strokes, fractures, bulging discs, heart attacks on the job, abrasions, burns, amputations, PTSD, torn rotator cuffs, and cancer caused by the working conditions. If you have suffered a severe work injury you may be able to negotiate a fair settlement with the insurance company, but unfortunately, many companies and insurance companies may be more concerned with settling the work injury claim and less concerned about ensuring you get a fair settlement offer which will compensate you for your work injuries and replace your lost wages. Talk to a workers? compensation lawyer in California today if you have been injured at your job.Hiring a Workers Compensation lawyer in California
California Work Injuries covered by Workers Compensation
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