Tuesday, October 28, 2008

Woman Arrested on Alleged Workers Compensation Fraud

A 49-year-old Nassau County, New York woman fraudulently collected $20,000 in workers compensation when in fact she was employed elsewhere in the restaurant business.

The woman claimed that she suffered burns, as well as leg and back injuries while employed as a hotel attendant in 2003. . If convicted, she could serve up to four years in prison.

What do you think will happen? What is the solution to avoid this kind of fraud if indeed she is found guilty? Do you need a workers comp lawyer?

Source: New York State Insurance Department

Friday, October 3, 2008

Paying Back Workman Compensation Benefits

Winning a lawsuit may require paying back workman's comp.

You mean I have to pay them back? This is a common response that many people who were injured in a worksite related accident will exclaim when it comes to their workmen's compensation benefits. Yes, is possible that if you sue your employer and win you may be required to pay back some or all of your workmen's compensation benefits. This is just how the law works in some states. But, they should not necessarily preclude anyone from seeking a file a construction site accident lawsuit. While the following numbers are purely hypothetical, they do illustrate the potential benefits that outweigh any negatives associated with refunding workman's comp payments.

The bottom line is that if you settle a lawsuit for a half a million dollars and you are required to pay back $30,000 in workman's comp benefits you are obviously ahead of the game! Yet, there are those who would be averse to making the payments based on principle. After all, they were hurt and they deserve their workmen's comp benefits. Well, at least in theory they are deserved. The law, however, is another matter and it is the law that must be abided by.

If the law states that you must pay back potions of workmen's compensation payments then you are obligated to make these refunds. If not, you might find yourself on the receiving end of a lawsuit from the state. Again, there will be those who will be an extreme disagreement of this law. But, unless the legislature and governor decide to change the laws then you must abide by these laws. There is no way around that! If you have received payments from workmen's compensation and are filing a construction site accident related lawsuit, then it would be best to discuss the issues surrounding this with your attorney. This way you can make sure that you were in full compliance with the law. That will avoid any problems in future and allow your litigation to move forward smoothly.