Accused Of Faking A Work Injury? Here Is What To Do


Some hurt workers encounter a lot of resistance when they try to file a claim for a work injury. However, those with a legitimate work injury are entitled to several forms of benefits including paid time off, free medical care, and more. Read below and be guided so that you can be paid the benefits you deserve. 

Faking it or not?

If the workers' compensation insurer alleges that an employee's injury is faked or embellished, they may face challenges in receiving benefits. However, the burden of proof is on the insurer to prove that the injury is not legitimate.

Here are some steps an employee can take if the insurer alleges that their injury is faked or embellished:

Provide evidence.

This is the most important way of proving an injury is real and not faked.

The type of evidence needed for a disputed workers' compensation claim will depend on the specific circumstances of the case. Here are some types of evidence that may be relevant in a workers' compensation dispute:

  • Medical records are a key piece of evidence in any workers' compensation claim. They should include a detailed description of the injury, the diagnosis, the treatment plan, and the expected duration of the injury.
  • Witnesses who observed the accident or the events leading up to it can provide valuable testimony in a workers' compensation dispute. Their statements can help to establish the cause of the injury and the severity of the injury.
  • In some cases, the insurer may conduct surveillance to gather evidence about the injury. Surveillance footage can be used to dispute the severity of the injury or to show that the injury is not work-related.
  • Expert opinions from doctors, vocational experts, or other professionals can be used to support your claim or to dispute the insurer's position.
  • Employment records, such as timecards, work schedules, and job descriptions, can be used to establish the nature of your work-related duties and the circumstances surrounding the injury.
  • You can also provide testimony about the events leading up to the injury, the nature and extent of the injury, and the impact of the injury on your life and ability to work.

Get a second opinion.

You may want to seek a second opinion from a different doctor to verify the legitimacy of the injury. In most states, this is one of your rights.

Hire an attorney.

If the insurer continues to deny the claim, you may want to hire an attorney who specializes in workers' compensation claims to help navigate the process and advocate on your behalf.

Speak to a workers' compensation attorney in your area to find out more.


1 May 2023

Learning How To Heal

After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.