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Thread: Possible workers comp fraud

  1. #11
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    I think that is the right course of action. You do not owe anyone anything unless you receive a written, legal, request for information. They are just trying to maximize this guys benefit and take advantage of the situation.

    If he had worked for you for a couple of months and was actually earning some money, on the books, from you then he has a claim of lost wages but he had 2 days in and no guarantee of a future in your company.

  2. #12
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    Why is he trying to take advantage of anything? At the very least he lost a day's worth of wages (the OP did state he was asked to come back). If you are hurt and not having a paycheck come in, that day's worth of wages can really help. The OP would be out about 5 minutes of his time to write the letter. Why not help the guy out???

    There are a several self-centered and negative assumption comments on this thread that really reflect badly on the posters. It shouldn't matter if you are legally required to help or not. Someone was hurt, providing accurate information that may help them is the moral thing to do.
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  3. #13

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    Why is someone on a trial week entitled to anything? There were no anticipated shifts past the first week and the second day we had already called him off, planning to call him off the day he was hurt. He worked one day with our company as a part timer and no promises were made on anything.

  4. #14
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    That comment may or may not have been directed at me but either way all I am saying is that Anon636 is currently under no obligation to supply anything for this person. If I understood correctly he worked 1 day and had not been back prior to his injury. My questions on the injured workers motives come from the fact he has lawyer at all. If he was recently injured and his full time employer is properly handling his claim then he shouldn't need one. The WC provider may call or send a letter requesting information and if they do by all means comply but to get legal representation seems a bit much. I will say that not knowing the other facts of the case he may actually need representation but it sounds like he lawyered up almost immediately.

  5. #15
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    Anon636 - In your first post you stated "He works that Tuesday, he does ok, I tell him we don't need him Wednesday and to come Thursday." Until the last post, I do not see anything that states you were not planning for him to work on Thursday. Working under that information, he should be compensated by the other employer for Thursday. He lost a days wages due to the injury.

    Your last post states you were planning to not have him work on Thursday. When did that come about, did you tell him and were you likely to follow through on that plan? Unless you actually set the plans in motion, give him that day. If you didn't use him on Thursday, you may have used him on some other days. You did say he did OK.

    He is entitled to just compensation for lost work due to an injury sustained while working for the other employer. If you were hurt by someone else and could not work, wouldn't you seek retribution for lost income???
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  6. #16
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    Quote Originally Posted by CCAdamson View Post
    That comment may or may not have been directed at me but either way all I am saying is that Anon636 is currently under no obligation to supply anything for this person. If I understood correctly he worked 1 day and had not been back prior to his injury. My questions on the injured workers motives come from the fact he has lawyer at all. If he was recently injured and his full time employer is properly handling his claim then he shouldn't need one. The WC provider may call or send a letter requesting information and if they do by all means comply but to get legal representation seems a bit much. I will say that not knowing the other facts of the case he may actually need representation but it sounds like he lawyered up almost immediately.
    Having a lawyer represent you when you are injured is a smart thing to do. The WC provider will have someone there representing them. Everything you say will be recorded and any misstatement or ambiguity can be used against you. Something simple as a responding to the general greeting of "how are you today", with a polite "I'm doing OK" has been used against people. In addition, a back injury may or may not be a one time thing. Depending on the severity of the injury, a back injury can result in a lifetime of pain and limited work potential. A good honest lawyer will help you get just compensation.

    This doesn't mean that there are not dishonest lawyers, that work with dishonest doctors to get unjust claims. There are, of that there is little doubt. Nor is there any doubt that there are dishonest WC firms that will do anything to stop from paying a just claim.

    Having a lawyer in no way implies that you are trying to take advantage of the situation, it just means that you are willing to protect yourself.
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  7. #17

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    Said employee is now calling me asking for me to write this multiple times. stating his lawyer is insisting I write this for them. I have already given stated wages and hours worked to the WC adjuster, and his lawyer. This employee is now basically harassing me saying I have to do something that I clearly don't have to do, and why would I??? Said employee is very strange. Working one day at a job and instantly lawyering up. WC isn't paying him for a reason. If I was obligated to do such a thing why have I not received any legal papers or requests? Just word of mouth asking?

  8. #18

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    I never got the chance to call him off that Thursday, he was hurt immediately on the morning before we even opened. Hopefully a lawyer can chime in, I'm really not willing to help this person out. But it's also not worth a subpoena, if they can even get one for such matter.
    Last edited by Anon636; 05-26-2016 at 03:25 PM.

  9. #19
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    Quote Originally Posted by Anon636 View Post
    Said employee is now calling me asking for me to write this multiple times. stating his lawyer is insisting I write this for them.
    Tell him to have his attorney call with any future requests from here on out. Period. No matter how many times he calls keep repeating that. If he doesn't stop tell his attorney that you will file for a restraining order and be prepared to follow through. Start recording his calls. Block his number if you have to.

    You're causing yourself unneeded stress by continuing to speak with him and listening to what he has to say.

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