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Fight Workers Comp Fraud

Penalties for Fraudulent Claims

It is unlawful for any person to:

. Take a kickback for referring a workers' comp claim to any doctor or
attorney;
. Publish or distribute any false, misleading or deceptive advertising
about the workers' compensation system;
. Soliciting or refer business for the purpose of making a fraudulent
claim.
. Fines for these violations range between $10,000 and $50,000.
. The disbarment of any attorney;
. The license revocation of any medical provider.

Recreational Activities and Programs

The Company or its insurer will not be liable for the payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee's work-related duties.
Activities and programs where the Company has donated monies, uniforms, food, materials and/or other items are not necessarily Company sponsored events. Employees attending these events are doing so in an unofficial capacity, 

i.e., they are not there representing or at the request of the Company.
Questions concerning this matter should be directed to the Human Resources Department.



Employee with Workers' Comp Injury May Sue for Discrimination City of Moorpark v. Superior Court (Dillon), 77 Cal. Rptr. 2d 445 (1998)

The California Labor Code says that workers' compensation is the worker's exclusive remedy for the injury, and does not allow a worker to file a civil lawsuit.
However, the California Supreme Court ruled that employees who suffer discrimination based on a work-related disability could sue for both violation of state job discrimination laws and for common law wrongful discharge.
Before this decision, employees who suffered discrimination based on a work-related injury were limited to remedies under the workers' compensation system. Labor Code Section 132a allows an injured employee to sue his/her employer for discrimination within the workers' compensation system.
The effect of this case is to allow employees who have suffered disability
discrimination as a result of a workplace injury an additional remedy against their employer. Labor Code Section 132a offers a limited remedy, while a violation of the state's anti-discrimination laws makes compensatory and punitive damages available against employers.

Written Notice for Employee Crime Victims

When an employee is a victim of a crime at his/her workplace, the employer must give to that employee written notice that the employee is eligible for
workers' compensation benefits for resulting injuries, including psychiatric injuries. The employer must provide the written notice either personally or by First Class mail within one day of the employment crime, or within one day of the date that the employer should have reasonably known of the crime. LC §3553
Workers' Compensation Benefits for Victims of Workplace Violence

To:

Date:

In accordance with state law, this letter is to notify you that you may be entitled to workers' compensation benefits as a result of being a victim of a crime in your workplace. Workers' compensation benefits may cover:

Medical treatment for any injuries resulting from the incident(s) 
of workplace violence, including psychiatric injuries;
Lost wages, and;
Rehabilitation services.

If you would like more information about the benefits to which you may be entitled, or if you would like to file a claim for workers' compensation benefits, please contact the HR Manager as soon as possible. You will find more information about workers' compensation, along with the name, address and phone number of the company's workers' compensation claims administrator, posted in your workplace.

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