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Top 5 Workers’ Compensation Frauds You Must Know

Workers’ Compensation Lawyers in New Jersey

If you have been the victim of a work-related injury, you may be planning to file a workers’ compensation claim. However, there are many cases where it is possible to commit workers’ compensation fraud. The penalty for workers’ compensation fraud can be quite severe, ranging from hefty fines to jail time. Our New Jersey workers compensation lawyers at Gelman Gelman Wiskow & McCarthy LLC share the top 5 workers’ compensation frauds to know before filing your claim.

1. Fraudulent Workman’s Compensation Statement

One of the most common types of workers’ compensation fraud is making a false statement on your claim. For example, if you exaggerate the extent of your injuries or lie about how the injury occurred, this could be considered fraud. It is important to be honest when filing your claim and only include information that is accurate and truthful. The penalty for lying about your injuries on a workers’ compensation claim could include years of jail time.

2. Exaggerated Injury

Similarly to making a false statement, exaggerating your injuries is also considered fraud. In order to receive workers’ compensation benefits, you will need to provide medical documentation proving the extent of your injuries. If you exaggerate your injuries, this could lead to an investigation and potential charges of fraud.

3. Falsifying Time Sheets

In some cases, employees may try to fraudulently collect workers’ compensation benefits by falsifying their time sheets. For example, if an employee is only working part-time but claims to be working full-time so they can receive more benefits, this could be considered fraud. The penalty for falsifying time sheets can vary depending on the state, but it could result in jail time and/or a fine.

4. Faking an Injury

Faking an injury is another form of workers’ compensation fraud. This could involve staging an accident or even faking symptoms in order to collect workers’ compensation benefits from an employer. If you are caught faking an injury, you could be subject to criminal charges and may have to repay any benefits that you received.

5. Not Reporting Pre-Existing Injury

If you have a pre-existing injury and do not report it when filing your workers’ compensation claim, this could be considered fraud. It is important to disclose any pre-existing injuries when you are filing your claim in order to avoid any potential penalties. This is because your benefits could be reduced or denied if it is discovered that you had a pre-existing injury.

Contact Our Workers Compensation Lawyers in New Jersey

You don’t have to navigate your workers comp claim on your own. If you have been injured at work, it is important to speak with an experienced workers’ compensation lawyer. At Gelman Gelman Wiskow & McCarthy LLC, our attorneys can help you navigate the claims process and ensure that you receive the benefits that you are entitled to. Contact us today to schedule a consultation.

$800,000.00 settlement in less than nine (9) months!
In September of 2025, Phil Wiskow settled a legal malpractice case, resulting from a botched personal injury case, for $800,000.00. Most significantly, Mr. Wiskow settled the case less than nine (9) months after the client hired him. Since the client settled his botched case for over $200,000.00, the full amount of the client's recovery exceeded one million dollars.
Settled his 60 year old client’s motorcycle accident case for $1,700,000.00
In the Spring of 2017, Phil Wiskow settled his 60 year old client’s motorcycle accident case for $1,700,000.00. Frankly, the case would have settled for more money but the most culpable party only had a $300,000.00 liability insurance policy. The firm’s client, who was already disabled and receiving social security benefits at the time of his accident, sustained multiple lower leg fractures–which ultimately resulted in numerous surgeries and an above the knee amputation–when a delivery van blindly backed out of a loading dock and pinned his leg against his bike. The majority of the client’s settlement money was paid by the owner of a tractor-trailer and the lessee of the loading dock whose dangerous loading and unloading procedures blocked the van driver’s view of the motorcycle and the firm’s client’s view of the van.
VERDICTS & SETTLEMENTS
  • In the Spring of 2020, Phil Wiskow settled a motor vehicle/motorcycle accident case for the Defendant’s 1.3M policy limit. The terms of the settlement are confidential.
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