Page 1 of 2 12 LastLast
Results 1 to 10 of 19

Thread: Possible workers comp fraud

  1. #1

    Default Possible workers comp fraud

    Hi new here,
    I run a couple restaurants and recently brought on a prep cook to cut meat for a trial period of one week. I told the employee we would give him a shot and see how he does. He works that Tuesday, he does ok, I tell him we don't need him Wednesday and to come Thursday. That Thursday he gets hurt at his other job. Some type of back injury. His full time job is evidently supposed to pay for his workers comp of his part time even though he only worked one day with us on a trial period? He wants me to put in writing that we were going to schedule shifts for him beyond the date of his injury, which was of no guarantee. He is suing workers comp or possibly his company for not paying his shifts at our place of employment. What I want to know is if I should report him to workers comp fraud, or if I should do nothing, or write a letter with the truth that all his shifts were discretionary and we never promised or finalized any shifts and it was made clear that his work was trial only. He was paid for his single shift and we have not scheduled him since.
    Thank you for the helps guys. State is MN
    Last edited by Anon636; 05-15-2016 at 11:56 PM.

  2. #2
    Web Consultant
    Array
    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    9,856
    Blog Entries
    1

    Default

    I've had to do this before. Luckily I had a corporate office that guided me on what they needed from me and they handled it from there. Here's what I think I remember from speaking to corporate about it. ( just remember that I'm not a lawyer).

    If he has an attorney or Workers Comp themselves are asking for you to write a letter, then write a letter with the truth and send it directly to who is requesting the information. You're done.

    If he's personally asking, I'd say "No", or have an attorney or WC contact you. Maybe just to cover your bases contact an attorney and pay for the hour to get an understanding of your rights and responsibilities.

    You could also call Workers Comp themselves and ask without divulging any identifying information about the employee. Just as a business owner with questions.

    No, DO NOT submit a lie or false information just to get rid of him. Play it straight.

  3. #3

    Default

    Yes he is personally asking me, I would not lie but I'm not going to give him a letter saying we were going to schedule him when we clearly weren't. So I will not write this up for him and now I am considering calling workers comp fraud to ask their opinion.

  4. #4
    Registered User
    Array
    Join Date
    Jan 2009
    Location
    Jackson MO
    Posts
    1,515

    Default

    I don't think this is a case of fraud as much as a case where he wants to be compensated for potential work with you and he maybe over-estimated his chances of getting more work with you beyond the initial one week trial. While the additional hours were not guaranteed, the question is would you have continued to employ him if he wasn't hurt. You told him you would try him for a week, and told him to come in on Thursday. At the very least he should be compensated for Thursday. Since you asked him to come back, it would also be reasonable to request for compensation for a week. That is work that he would have performed, if he wasn't hurt. As for payment beyond a week, be honest. State that was not determined at the time of his injury and he didn't work long enough with you for you to make that determination. Avoid assuming that this is a case of fraud.
    HouseView™ - The leading real estate site for South East Missouri. Follow us on Twitter @HVOL.
    Jackson MO Real Estate, Cape Girardeau Missouri Real Estate, Festus Missouri Real Estate

  5. #5
    Web Consultant
    Array
    Join Date
    Aug 2008
    Location
    Las Vegas
    Posts
    9,856
    Blog Entries
    1

    Default

    I know we have at least one attorney around here. I'm sure he'll chime in soon with his opinion. Also plenty of people here with staffs of all sizes. Just stay tuned and I'm sure you'll get more opinions and suggestions.

  6. #6

    Default

    Hopefully! Thanks all.

  7. #7
    Registered User
    Array
    Join Date
    Dec 2014
    Location
    Pennsylvania
    Posts
    139

    Default

    It doesn't sound like he is committing fraud he is just seeking compensation for all work lost. Meaning he wants what he is due from his regular job and his PT job (you), doesn't mean fraud. How were the terms of you hiring him? Is it clear he is a temporary worker or was this a good chance to be hired? Does he understand that even though he did good one day and you asked him back a 2nd day doesn't mean long term employment? In his head he possibly thought you liked his performance and would keep him on.

    That being said, you are under no obligation to write him or the WC provider a letter about this situation. If you receive a call from an attorney or the WC provider asking you for information you share the truth. I deal with WC all the time, people want to maximize the amount of money they will receive. As employers we tend to assume people are trying to commit some type of fraud, and sometimes they are, but many times it is legit. I would say in your case you have no obligations to do anything until asked by an authority not the employee.

  8. #8

    Default

    His lawyer asked him to ask me to write this to present for his case, it does not seem obligatory and so far I have not sent him or his wc attorney anything. Please advise

  9. #9
    Registered User
    Array
    Join Date
    Feb 2013
    Location
    Ontario, Canada
    Posts
    1,382

    Default

    You should speak to your own attorney about this and have the other party go through them.
    Brad Miedema
    Fulcrum Saw & Tool

  10. #10

    Default

    That would not be worth the time or money, the situation has nearly nothing to do with us, I even spoke to his attorney, he said it's the most we can ask for. In a very non obligatory answer. I gave him the truth of the matter and don't see a need to write anything for this guy.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •