Four Characteristic of SOME Possible Fraudulent Workers' Comp Claims After a Layoff-- But Not ALL

<h1>Four Characteristic of SOME Possible Fraudulent Workers' Comp Claims After a Layoff-- But Not ALL</h1>Author: <a title="temp_138372" href="http://www.articlesbase.com/authors/temp_138372/138372.htm">temp_138372</a> Workers’ compensation authority, New York Attorney Theodore Ronca, offers suggestions about layoff planning, and emphasizes whether for a business or an individual, planning is somber but necessary. Following, and often prior to, economic layoffs the dismissed workers rethink sources of income to tide them over. The first and second sources are unemployment benefits and part time jobs. Many, however, will consider reopening a workers’ compensation (workersxzcompxzkit)claim or filing a new claim. In any large group of workers, this will become a certainty. Therefore, planning for such claims is essential, not optional.  The first rule is to NOT make the first mistake. Do not assume all new claims after a layoff is announced or known to be coming are unworthy or fraudulent. In fact, whatever their merits, they are a predictable reaction to anxiety. Therefore, focus planning on learning how to identify meritorious claims and seeing these are paid as quickly as possible.  Then turn your attention to claims that are not properly part of workers’ compensation. Realize some valid claims will be uncovered as a result of many people (of whom many are part of an aging workforce) now being out of work.  Claims showing signs of being driven by economic need rather than disability may have the following characteristics:  1.  The claim is filed following exhaustion of non-injury benefits, such as an unemployment claim.  2.  The reporting of such claim is untimely, anomalous, unusual, or irregular. The claim was never reported or witnessed on the day in which it was alleged to have occurred.  3.  Medical evidence begins not when treatment would have been expected but when knowledge of impending economic hardship is received.  4.  Inquiries for other sources of income are made prior to filing of the claim but without reference to any injury. Tip: The above serves to distinguish claims needing to receive special scrutiny but only if an intelligent search is made for relevant contemporaneous documents. Documents, not testimony, are the best evidence. Try the WC Calculator (<a href="http://www.reduceyourworkerscomp.com/calculator.php"><a href="http://www.ReduceYourWorkersComp.com/calculator.php" target="_blank">www.ReduceYourWorkersComp.com/calculator.php</a></a>) to show the REAL COST of work comp. Look at WC 101 (<a href="http://www.reduceyourworkerscomp.com/workers_comp.php"><a href="http://www.ReduceYourWorkersComp.com/workers_comp.php" target="_blank">www.ReduceYourWorkersComp.com/workers_comp.php</a></a>) for the basics about workers comp.  Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.  ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact I<a href="mailto:Info@WorkersCompKit.com" title="blocked::mailto:Info@WorkersCompKit.com">nfo@WorkersCompKit.com</a>    About the Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.Article Source: <a href="http://www.articlesbase.com/">ArticlesBase.com</a> - <a href="http://www.articlesbase.com/management-articles/four-characteristic-of-some-possible-fraudulent-workers-comp-claims-after-a-layoff-but-not-all-845708.html" title="Four Characteristic of SOME Possible Fraudulent Workers' Comp Claims After a Layoff-- But Not ALL">Four Characteristic of SOME Possible Fraudulent Workers' Comp Claims After a Layoff-- But Not ALL</a>

Workers’ compensation authority, New York Attorney Theodore Ronca, offers suggestions about layoff planning, and emphasizes whether for a business or an individual, planning is somber but necessary. Following, and often prior to, economic layoffs the dismissed workers rethink sources of income to tide them over. The first and second sources are unemployment benefits and part time jobs. Many, however, will consider reopening a workers’ compensation (workersxzcompxzkit)claim or filing a new claim. In any large group of workers, this will become a certainty. Therefore, planning for such claims is essential, not optional.

The first rule is to NOT make the first mistake.

Do not assume all new claims after a layoff is announced or known to be coming are unworthy or fraudulent. In fact, whatever their merits, they are a predictable reaction to anxiety. Therefore, focus planning on learning how to identify meritorious claims and seeing these are paid as quickly as possible.

Then turn your attention to claims that are not properly part of workers’ compensation. Realize some valid claims will be uncovered as a result of many people (of whom many are part of an aging workforce) now being out of work.

Claims showing signs of being driven by economic need rather than disability may have the following characteristics:

1. The claim is filed following exhaustion of non-injury benefits, such as an unemployment claim.

2. The reporting of such claim is untimely, anomalous, unusual, or irregular. The claim was never reported or witnessed on the day in which it was alleged to have occurred.

3. Medical evidence begins not when treatment would have been expected but when knowledge of impending economic hardship is received.

4. Inquiries for other sources of income are made prior to filing of the claim but without reference to any injury.

Tip: The above serves to distinguish claims needing to receive special scrutiny but only if an intelligent search is made for relevant contemporaneous documents. Documents, not testimony, are the best evidence.

Try the WC Calculator (www.ReduceYourWorkersComp.com/calculator.php) to show the REAL COST of work comp.

Look at WC 101 (www.ReduceYourWorkersComp.com/workers_comp.php)

for the basics about workers comp.

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.

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Article Tags: Workers Compensation, Insurance And Workers Comp, Layoff Tips And Tools, Legal Workers' Comp Info

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