Your heart sinks as you read the letter claiming your workers' compensation claim contains fraudulent information. You know you were legitimately injured at work, but now you're being accused of lying about your injury. At Kirshenbaum & Kirshenbaum, we understand how devastating these accusations can be for honest workers who are simply trying to recover and return to work.
Since 1933, our Rhode Island workers' compensation lawyers have helped injured workers protect their right to benefits. We want you to understand the facts about workers' compensation fraud so you can defend yourself against false accusations while pursuing your legitimate claim.
What Is Workers' Compensation Fraud in Rhode Island?
Under Rhode Island General Law § 28-33-17.3, workers' compensation fraud occurs when someone knowingly makes false statements or conceals information to obtain benefits they aren't entitled to receive. This can take several forms, from outright fabrication of injuries to more subtle misrepresentations. Anyone guilty of fraud may receive up to five years in prison plus a penalty of up to $50,000 or double the fraud amount, whichever is greater.
For example, claiming an injury occurred during your warehouse shift when it actually happened while helping a friend move furniture would constitute fraud. Similarly, if you're receiving total disability benefits but you’re secretly working a part-time job for extra income, that's considered fraudulent behavior, too. Even seemingly minor actions like exaggerating your symptoms to continue receiving benefits after you've recovered can result in fraud charges.
How to Protect Your Legitimate Workers’ Comp Claim
Having helped countless Rhode Island workers over nine decades, we've learned that the best defense against fraud accusations is maintaining clear documentation and following proper procedures from day one.
When you're injured at work:
- Report the incident to your supervisor immediately, even if the injury seems minor
- Seek medical care promptly
- Follow your doctor's treatment plan exactly
- Keep a detailed log of all medical appointments and treatments
- Document how your injury affects your daily activities
Be completely truthful in all your statements to doctors and insurance representatives. If you're unable to perform certain tasks or experience specific symptoms, describe them accurately without embellishment. Attend all required medical examinations and follow work restrictions precisely. Don't risk your claim by trying to go back to work or doing too much too soon.
The Reality of Rhode Island Fraud Investigations
Understanding how fraud investigations work helps you protect your legal rights throughout the process. The Rhode Island workers' compensation fraud unit conducts thorough investigations that may last several months.
Medical Record Analysis
Investigators will review your complete medical history, looking for prior injuries or conditions that might explain your current symptoms. They'll compare your statements about the injury to medical documentation and look for inconsistencies.
Witness Interviews
Your coworkers, supervisors, and others who witnessed your injury or interact with you regularly may be interviewed. Investigators want to verify the circumstances of your injury and understand how it affects your daily activities.
Surveillance and Documentation
You may be monitored through various means, including physical surveillance and social media review. Investigators look for activities that contradict your stated limitations. For example, if you claim you can't lift more than 10 pounds but post photos of yourself moving furniture, this could raise red flags.
Responding to False Accusations
If you're wrongly accused of workers’ compensation fraud, your response in the first few days is crucial.
- Don't sign any statements or agree to recorded interviews without legal review.
- Gather all documentation supporting your injury and symptoms, including medical records, witness statements, and correspondence about your claim.
- Request a complete copy of your workers' compensation file through proper channels.
The full documentation will give you and your lawyer a clear picture of why you’re being accused of fraud. This way, your Rhode Island worker’s compensation lawyer can more effectively identify any misunderstandings or errors in the record.
Protecting Your Rights Under Rhode Island Law
Rhode Island law provides essential protections for injured workers.
- You have the right to choose your own doctor after your initial treatment.
- You're entitled to compensation for all reasonable and necessary medical treatment related to your work injury.
- You should receive weekly benefits equal to a portion of your average weekly wage if you're unable to work.
- You have the right not to be fired from your job because you filed a workers’ comp claim.
The experienced workers' compensation lawyers at Kirshenbaum & Kirshenbaum have spent over 90 years protecting the rights of injured Rhode Island workers. We understand both the technical aspects of workers' compensation law and the practical challenges you face when dealing with a fraud investigation. Our legal team will review your case thoroughly, explain your rights clearly, and develop a strategy to protect your legitimate claim for benefits. Don't let false fraud accusations prevent you from receiving the benefits you need and deserve.