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  1. #1
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    Default Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physician

    My question involves workers compensation law for the state of: Georgia

    An employee fell at work. She said she was fine and felt that she had NO injuries. I sent her home and advised her to see a physician. She worked her 2nd job the same day the alleged injury occured, and saw a physician the following day who cleared her for full duty. (She later told me she told the doctor she fell off her porch.) She returned to work the day after seeing the physician and continued to work as an employee, as well as at a 2nd job. This employee was terminated 2 weeks later for failing to comply with company policy, failure to perform required tasks, and insubordination. Since being terminated 1 week ago, this former employee has contacted me claiming she is having knee pain due to her fall and has asked what doctor I use for workers comp claims.

    I guess my question is, since she was cleared by a physician, and made a false claim of falling off of her porch, and continued to work, does she even have a case? (Looking back, I see that I should have immediately sent her for a drug test)

  2. #2
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    Mar 2013
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting Alcornout
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    I guess my question is, since she was cleared by a physician, and made a false claim of falling off of her porch, and continued to work, does she even have a case?
    No way to tell.

    What I will tell you is that you need to report this to your Workers Comp insurance company first thing in the AM and let the experts investigate her claim. That's what your policy says you do and you risk losing your insurance if you keep thinking you can handle this yourself.

  3. #3
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    Feb 2020
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Will do. Definitely not trying to handle this myself. She just sent me the text message claiming to be injured yesterday, and I contacted my lawyer (haven't heard back from her yet.)

  4. #4
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting Alcornout
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    I contacted my lawyer (haven't heard back from her yet.)
    It's not your lawyer you need.

    It's your insurance company you need to call. Your insurance company has plenty of lawyers.

  5. #5
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    Massachusetts
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Keep in mind that some injuries, particularly soft tissue injuries, can legitimately take a couple of days to manifest. That's why it's so important to let the experts handle this.

  6. #6
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    Dec 2019
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    156

    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting Alcornout
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    Will do. Definitely not trying to handle this myself. She just sent me the text message claiming to be injured yesterday, and I contacted my lawyer (haven't heard back from her yet.)
    Definitely consult your lawyer before trusting one from an insurance company.

  7. #7
    Join Date
    Jul 2018
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    138

    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting Alcornout
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    My question involves workers compensation law for the state of: Georgia

    An employee fell at work. She said she was fine and felt that she had NO injuries. I sent her home and advised her to see a physician. She worked her 2nd job the same day the alleged injury occured, and saw a physician the following day who cleared her for full duty. (She later told me she told the doctor she fell off her porch.) She returned to work the day after seeing the physician and continued to work as an employee, as well as at a 2nd job. This employee was terminated 2 weeks later for failing to comply with company policy, failure to perform required tasks, and insubordination. Since being terminated 1 week ago, this former employee has contacted me claiming she is having knee pain due to her fall and has asked what doctor I use for workers comp claims.

    I guess my question is, since she was cleared by a physician, and made a false claim of falling off of her porch, and continued to work, does she even have a case? (Looking back, I see that I should have immediately sent her for a drug test)
    Here is my suggestion:

    Send the scammer a copy of Title 33 Chapter 1 of the Georgia Code defining and describing the penalties imposed for the felony crime of Insurance Fraud. * And hi-lite Subsection (e):

    A natural person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.

    [*] https://law.justia.com/codes/georgia...pter-1/33-1-9/

  8. #8
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    Mar 2013
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting CONNOR99
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    Definitely consult your lawyer before trusting one from an insurance company.
    The only time the employer will need a lawyer is if he follows Latigo's suggestion of illegally trying to coerce the employee into not filing a claim by suggesting she faces prosecution for doing so.

  9. #9
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    Jul 2018
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    138

    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    Quote Quoting adjusterjack
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    The only time the employer will need a lawyer is if he follows Latigo's suggestion of illegally trying to coerce the employee into not filing a claim by suggesting she faces prosecution for doing so.
    "Coercion" my foot!

    Perhaps you'd like to direct that that dull-witted remark to the Georgia State Board of Workers' Compensation accusing that body of "illegally coercing" potential claimants not to file claims for workers' compensation benefits because of the following admonition included in Form WC -14 - Notice of Claim; to-wit:

    C. Affirmation of Filing Party

    "I, the person whose name appears above, attest and confirm that all the information contained herein is true and correct to the best of my knowledge. I understand that knowingly giving false information to obtain * * * worker's compensation benefits subject me to civil and criminal penalties." (Emphasis mine)

  10. #10
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    Mar 2013
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    Default Re: Former Employee is Claiming She Was Injured, but Was Already Cleared by a Physici

    You don't see a difference between the state giving a general warning to everybody about filing fraudulent claims and an employer coercing an employee to not file a specific claim? The employer has no clue as to whether the employee's claim is bogus, he's just wishing it is.

    smh

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