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What can I do if my employer has not workers compensation due to fraud?

What can I do if my employer has not workers compensation due to fraud?

Q: Can you fire someone who has a workers comp claim?

Generally, you cannot fire someone solely for having a workers' compensation claim. Termination based on an employee's claim may be considered retaliation, which is illegal in many states. However, if the employee violates company policy or engages in misconduct unrelated to their claim, termination may be lawful.

Full question:

My employer has been caught for workers compensation fraud and now he is working 15 employees with out workers compensation. What can I do about this problem?

Category: Employment
Date: 04/07/2025
State: Tennessee

Answer:

Generally, Tennessee employers with five (5) or more full or part-time employees are required to carry workers’ compensation insurance. Corporate officers and family members, if they meet the definition of employee, are included in the count towards the total, regardless of whether the officer(s) elects to decline coverage. Also, employers in any construction related business or coal mining with one or more employees are required to have coverage.

The subcontractor acting as a self-employed individual is not an employee of the general contractor and has no coverage as long as he is not working as an employee. To determine whether an individual is an employee or subcontractor, the following factors should be considered:

(a) The right to control the conduct of the work;

(b) The right of termination;

(c) The method of payment;

(d) The freedom to select and hire helpers;

(e) The furnishing of tools and equipment;

(f) Self-scheduling of working hours; and

(g) The freedom to offer services to other entities.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you get fired for workers' comp fraud?

Yes, you can be fired for workers' compensation fraud. If an employer discovers that an employee has filed a fraudulent claim, they may terminate that employee. Workers' compensation fraud involves providing false information to receive benefits. Employers have the right to protect their interests and may take disciplinary action, including termination, against those who commit fraud.

What is an example of workers comp fraud?

An example of workers' compensation fraud is when an employee exaggerates an injury to receive more benefits than warranted. For instance, if someone claims they cannot work due to a back injury but is later seen engaging in physical activities, this could be considered fraud. Other examples include faking an injury or failing to report income while receiving benefits.

Can you fire someone who has a workers comp claim?

How long does a workers' comp fraud investigation take?

The duration of a workers' compensation fraud investigation can vary widely. Some investigations may take a few weeks, while others could last several months, depending on the complexity of the case and the evidence needed. Authorities conduct thorough inquiries to ensure all relevant facts are considered before making a determination.

What is double dipping in workers' compensation?

Double dipping in workers' compensation refers to the illegal practice of receiving benefits from multiple sources for the same injury. For example, if an employee collects workers' comp benefits while also receiving disability payments for the same injury, this could be considered double dipping. Such actions can lead to legal consequences, including charges of fraud.