Fraud in Florida Workers’ Compensation Claims

Anyone who has been injured on the job in Florida in recent years understands that the Workers' Compensation System does not provide for a level playing field. Carriers deny claims on flimsy pretexts in an effort to starve claimants, and there are no consequences. However, a claimant runs the risk of losing benefits for any knowing misrepresentation. Even if it was just a simple mistake, the carrier now has an excuse to assert this defense, which can cause extreme hardship to the claimant, even if the carrier loses in court. That is why it is so important to be completely honest in all of your dealings with the comp system.

These are the situations where I usually see this issue arise:

Mileage Reimbursement

I tell my clients not only to use their odometers but also to check with MapQuest when calculating mileage. I tell them to use the lower of the two mileage figures. It is just not worth the risk to use the higher number.

Medical History

In Florida, it's important to tell your Workers Compensation doctors about every previous injury, disease, sickness, or condition you have ever suffered from. The carrier reviews this part of the medical record very thoroughly. This medical history will come up at your deposition. If your deposition is taken, you should prepare the night before by making a list of any serious health conditions you have had in your lifetime.