Malingering in the context of workers’ comp refers to an instance where an employee is suspected of either exaggerating or fabricating the extent of their injuries to receive benefits. Think of it as someone pretending to be sick to avoid a test at school, but in the adult world, it involves pretending to be injured to gain financial advantages.

If you were hurt at work, you can imagine how hurtful and degrading accusations of malingering can be. With the help of a skilled New York workers’ compensation lawyer, you can show beyond doubt you were injured and recover every penny of the money owed you.

what is malingering

What does malingering look like?

Identifying malingering is akin to a detective examining clues to determine whether a crime has been committed. Workers’ comp cases might involve surveillance, medical examinations by independent doctors, or reviewing inconsistencies in the employee’s injury reports. For instance, if an employee claims severe back pain that allegedly prevents them from working but is then seen doing heavy lifting during off-hours, this might raise suspicions of malingering.

Legal implications

Under New York City workers’ compensation law, malingering can have serious legal implications if it is suspected. Just as falsely pulling a fire alarm in a crowded theater can lead to criminal charges, malingering can lead to denial of workers’ compensation claims, repayment of unentitled benefits, and potentially even fraud charges.

How The Weinstein Law Group can help

At The Weinstein Law Group, navigating the complexities of suspected malingering cases is a critical service. We act much like a skilled navigator guiding a ship through foggy waters, helping genuinely injured workers prove the legitimacy of their claims while also assisting employers in investigating potential fraud.

An example for clarity

Imagine a construction worker, John, who slips at a job site and injures his knee. He files for workers’ comp, claiming he is unable to stand or walk without severe pain. However, an investigation initiated by his employer reveals video evidence of John playing basketball over the weekend. This situation would trigger a deeper review to determine if John was malingering to benefit from workers’ compensation payments.

Addressing malingering

Addressing malingering involves careful legal work; it’s like dissecting a complex recipe to see if an ingredient doesn’t belong. For The Weinstein Law Group, this means ensuring that all parties are treated fairly in the investigative process, that evidence is gathered properly, and that the rights of both the accused employee and the employer are upheld.

Injured at work? We’ll help protect your rights.

In summary, malingering in workers’ comp is a serious accusation with significant consequences. It involves claiming or exaggerating injuries to gain benefits fraudulently. Having the expertise of The Weinstein Law Group can be invaluable for New York City workers dealing with such issues. We ensure that every step, from investigation to legal proceedings, is handled with precision and fairness, providing clear guidance and support through complex situations.

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