The Top 5 Types Of Workers’ Comp Fraud By Employers You Need To Be Aware Of 

workers' comp fraud | DYS law Group

No one likes to think that his or her employer would commit fraud, but unfortunately, it does happen. If you’re unaware of the different types of fraud that can occur, you could become a victim. In this article, we’ll cover the top 5 types of workers’ compensation fraud by employers so that you can be on the lookout.

Fraudulent Job Descriptions 

One of the employers’ most common types of workers’ comp fraud by employers is fraudulent job description. This is when an employer describes a job as being less dangerous or physically demanding than it is. This can lead to employees feeling betrayed and not filing for workers’ comp benefits when injured, as they believe they might never receive them.

Misclassifying Employees 

Another one of the most common types of workers’ compensation fraud by employers is misclassifying employees. This is when an employer intentionally classifies an employee as being in a lower risk category or as an independent contractor to save on premiums. For example, an employer might classify a construction worker as an office worker. It can lead to severe problems if the employee is injured on the job because workers’ compensation may not cover them.

Similarly, employers might try to get employees to sign waivers or release forms that waive their right to workers’ compensation. It is illegal in most states, and it can cause severe problems for employees if they are injured on the job and are not covered by workers’ compensation.

Falsifying Injuries 

Some employers might accuse their employees of falsifying injuries to avoid paying for workers’ compensation. It is a form of fraud, and it is illegal. If you are injured on the job, report it to your employer immediately and the state’s workers’ comp board to leave a paper trail. 

By law, employers must report all work-related injuries to their workers’ compensation insurance carrier. However, some employers fail to do this to avoid having their rates increased.

Claiming Pre-Existing Injuries  

One of the employers’ most common types of workers’ comp fraud by employers is claiming pre-existing injuries. This is when an employer tries to claim that an injury was caused by something other than work. For example, they might say that a previous job or a hobby caused the injury.

This type of fraud is difficult to prove, but there are some things you can look for. It could be a red flag if an employer suddenly asks questions about your previous injuries or health history. They might also try to downplay the severity of your injury or suggest that it’s not work-related.

If you suspect your employer is committing fraud, you should report it to the appropriate authorities. You may also be able to file a lawsuit against the employer if you can prove that they committed fraud.

Undermining Or Ignoring The Workers’ Injury 

One of the employers’ most common types of workers’ comp fraud by employer is undermining or ignoring the workers’ injury. This can happen in several ways. For example, an employer might tell the worker that their injury is not severe and that they don’t need to see a doctor. Or, an employer might pressure the worker into returning to work before they are fully healed.

This fraud is prevalent in industries where much physical labor is involved. Employers in these industries often have a culture of downplaying injuries and telling workers to just “suck it up.” It can lead to serious health problems for workers down the line.

If you are injured at work, you must get medical attention immediately. Don’t let your employer convince you to just “tough it out.” Your health is more important than your bottom line.


There are many types of workers’ compensation fraud, and it is essential to be aware of them to protect you. If you suspect your employer is committing fraud, you should report it to the workers’ compensation. Doing so can help prevent other employees from becoming victims and ensure that justice is served. If you have any questions or concerns, please visit us at DYS Law Group or call us at (310) 473-2355.

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