Please ensure Javascript is enabled for purposes of website accessibility

Can I be charged with workers’ compensation fraud if I was actually hurt?

Yes. In California, being genuinely injured does not automatically protect you from a workers’ compensation fraud charge. Many people assume fraud only applies when someone completely invents an injury, but that is not always how these cases work. Prosecutors may still file charges if they believe a person knowingly exaggerated the severity of an injury, overstated physical limitations, hid outside work activity, or made false or misleading statements in order to collect benefits.

That means the real issue is often not whether the injury existed at all. The issue is whether investigators believe the claim was inflated through dishonesty. A person may have suffered a legitimate workplace injury and still come under scrutiny if insurers, investigators, or prosecutors think the individual misrepresented pain levels, work restrictions, ability to perform physical tasks, or other important facts tied to the claim.

These cases can become serious quickly. What starts as a workers’ compensation claim may turn into a criminal investigation involving surveillance, medical records, employment records, witness statements, and accusations that the injured worker knowingly said something false to obtain benefits. In some cases, prosecutors may point to video footage, social media activity, or inconsistent medical reporting as evidence of fraud.

That does not mean every inconsistency is a crime. Real injuries can involve good days and bad days, changing symptoms, and misunderstandings in medical reporting. But once fraud is alleged, the stakes rise significantly. A workers’ comp fraud case can lead to criminal charges, restitution, financial penalties, and in some situations, damage to a person’s job, reputation, or professional license.

That is why it is important to take these accusations seriously from the beginning. If you were actually hurt but are now being accused of fraud, the key question is often whether the government can prove intentional dishonesty rather than just confusion, medical dispute, or imperfect communication.

 

(949) 439-5857