Charleston, SC – It is fairly common for workplaces to have to deal with improper workers compensation claims. Sometimes this can be due to a simple error or misunderstanding, but other times the worker essentially tries to commit fraud by signing documentation that contains false statements. The formal word for illegitimate workers compensation claims or faking an illness is malingering. Many government programs and insurance companies constantly deal with various forms of malingering every day. The insurance industry alone loses billions of dollars annually to these kinds of claims. 

Detecting and punishing illegitimate claims

Insurance companies and healthcare providers who deal with workers compensation claims have a number of safeguards built into their claim system. This can include independent examination by a neutral doctor, as well as watching the worker’s activities at home to make sure that they are not faking an injury while working for another employer to collect two salaries. If intentional fraud is detected, the suspect can be charged with a crime and possibly face jail time. This is especially true if there is evidence that the person purposely got hurt or faked their injuries to collect money. The workplace will likely submit this type of evidence to law enforcement to start an investigation, and the local police can possibly bring charges.  

Legitimate compensation claims related to work injuries

Anyone who is trying to legitimately file a workers compensation claim should review their situation with their employer and attorney. There are situations where a good faith claim may not be covered under the workers compensation system, but this does not amount to fraud. 

Real workers compensation claims involve an injury or illness that occurred during working hours or because of the person’s normal job duties. This means that something like a back injury from lifting a heavy object while on the clock at a job site will be covered, but commuting to work in the morning and getting into a car accident will likely not be a workers compensation issue. 

There are also some real exceptions where a certain type of worker cannot collect any money under this system even if they were actively working and got hurt. Workers who are independent contractors or temporary employees may fall into this category. However, the injured person should still report their injury and follow any steps given by their workplace. The worker will not get in any kind of trouble if they are honest and the claim is denied. 

Work injury lawyers in South Carolina

The Clekis Law Firm handles work related injuries for clients in the Charleston area. Anyone who needs assistance with their workers compensation claim or similar issues can contact their attorneys for more information. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]


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