First of all, fraud is fraud, and in no way am I condoning it. But when I saw the headline for this man in Seguin who was convicted of fraud in his workers' compensation claim, I couldn't help but wonder if he could have avoided the problem with good advice from an attorney.
The man was off work and receiving benefits from a workers' compensation claim. He was found guilty of fraud for working a seasonal job while receiving those benefits.
A good attorney could have advised him that it's actually okay to work that seasonal job-- you just have to report your earnings. The law prohibits double dipping-- but it doesn't stop you from dipping into the workers' compensation system and then switching out for light work when it's available.
And if you had a history of working that seasonal job on top of your injury-related job, you might be entitled to keep all that money AND your workers' compensation benefits. The law prohibits double dipping, but if you were doing both jobs before the injury, it's not double dipping to collect benefits off the one you can't do after the injury while continuing to do the one you can.
I don't know the details of this man's situation, and wish him the best in repaying his debt and getting his life back on track. But this should be sufficient warning that there are land mines in the workers' compensation system.
One way to avoid them is just to shut up and do as you're told. But the insurance adjuster may not tell you that you can collect benefits for being unable to do the job unrelated to your injury claim, or that you're eligible for benefits from your injury claim even when you can still do the light work from your side hustle. And the insurance adjuster may not warn you when you are about to cross the line and get yourself into major trouble. A lawyer would have cost this man a fraction of what he will pay back in restitution and the criminal effects of his actions.
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