Workers Compensation Fraud

The most common type of workers compensation fraud is committed by defense doctors and company doctors. The distinction between "plausible deniability" and the intent to commit fraud becomes blurred for many doctors who grow dependent upon referrals from insurance companies. Carriers usually have a right to require an examination of injured workers by a doctor chosen by the company. These doctors are not treating doctors, and only assess medical conditions. To insure a steady stream of lucrative referrals, many "company doctors" routinely, knowingly, and intentionally undervalue physical impairment with intent to prevent claimants from receiving insurance benefits.

Workers Compensation Fraud - Personal Injury Law :

When evaluating any workers compensation fraud claim, state personal injury law frequently governs when a cause action may be pursued, the extent of civil responsibility, what recoveries are permitted, and how a cases are presented at trial. Less often, federal statutes may preempt state laws and require lawsuits to be filed the federal district court or one of a wide assortment of federal administrative law proceedings, or occasionally allows plaintiffs to opt for either federal or state court systems. In all workers compensation fraud lawsuits, settlement of civil liability claims before trial is strongly encouraged by judges to promote judicial economy. For plaintiffs, settlement of lawsuits is permissive, and may be more advantageous than trial. Settling lawsuits reduces risk, guarantees the recovery amount, should be contingent upon collection, and saves time, attorney fees, and litigation costs. The greatest advantage of trial is economic - plaintiffs may receive substantially larger awards in workers compensation fraud lawsuits from court or jury verdicts than settlement offers.

Application of Law:

The evaluation of facts and applicable personal injury laws is a dynamic process, based upon circumstances that are personal to each case. Statutes, cases, and rules of evidence and procedure all impact the ultimate success or failure of each case. Lawyers who specialize in workers compensation fraud lawsuits for plaintiffs interpret laws in the light most favorable to their client when establishing liability, injuries, compensability, and settlement terms. Similarly, defense lawyers and insurance adjusters are professionals who are equally talented in influencing settlement of workers compensation fraud claims far below the true trial value when claimants represents themselves. See also: Workers Compensation Fraud - How to Find a Lawyer, Laws, & Lawyer Searches.