Injured workers sometimes feel tempted to exaggerate their symptoms to ensure they receive adequate compensation or medical treatment for workplace injuries. However, overstating the severity of your condition or fabricating symptoms can backfire dramatically, jeopardizing your legitimate work comp claim and exposing you to serious legal consequences.
At Smith Feddeler & Smith, P.A., we help injured workers pursue fair compensation while avoiding the pitfalls that can derail otherwise valid claims. Our work injury attorneys guide you through the workers’ compensation process honestly and strategically to protect both your claim and your credibility.
The Risks of Exaggerating Symptoms in a Work Comp Claim
Exaggerating symptoms might seem like a way to strengthen your case. Still, insurance companies and employers actively investigate claims for signs of fraud or misrepresentation. Adjusters employ surveillance investigators, carefully review medical records, and compare your reported limitations with your actual activities. When inconsistencies emerge between what you claim and what evidence shows, you face devastating consequences that extend far beyond simply losing benefits.
Legal and Criminal Risks
Misrepresenting your injuries constitutes workers’ compensation fraud, which carries severe criminal penalties under state and federal law. The consequences of fraudulent claims include:
- Criminal Charges: Florida Statute § 440.105 makes knowingly making false statements to obtain workers’ compensation benefits a criminal offense. Conviction can result in first-degree misdemeanor charges for amounts under $20,000 or third-degree felony charges for amounts exceeding $20,000.
- Monetary Fines: Courts impose substantial fines for workers’ compensation fraud, up to $5,000 for misdemeanors and up to $5,000 for felonies, plus additional civil penalties and investigative costs.
- Restitution Orders: Judges require convicted individuals to repay all benefits received through fraudulent means. Restitution obligations can total tens of thousands of dollars, depending on the duration of fraudulent benefit receipt.
Claims and Case Risks
Beyond criminal prosecution, exaggerating symptoms directly threatens your legitimate compensation claim. Insurance companies use evidence of exaggeration to undermine your entire case:
- Claim denial
- Destruction of credibility
- Loss of future benefits
- Attorney’s withdrawal from the case
Insurance companies invest heavily in fraud detection because identifying exaggeration saves them significant money. Surveillance footage showing you performing activities you claimed were impossible provides powerful ammunition to defeat your entire claim.
Employment Risks
Employers can terminate workers who file fraudulent claims or exaggerate injuries, and fraud convictions eliminate protection against wrongful termination claims. Your professional reputation suffers permanent damage when colleagues, supervisors, and industry contacts learn about fraud allegations.
Future employers conducting reference checks may discover your fraud history, severely limiting career opportunities. Many professional licenses and certifications prohibit licensure for individuals convicted of fraud-related offenses, potentially ending your career entirely.
Seek Help from a Workers’ Compensation Lawyer
If you’ve already exaggerated symptoms or provided inaccurate information in your workers’ compensation claim, taking swift action can help minimize damage and protect your rights.
Consult Smith Feddeler & Smith, P.A. at (863) 355-4204 to schedule a free consultation with an experienced workers’ compensation lawyer who will evaluate your situation confidentially, explain your legal options, and help you address any issues honestly while protecting your legitimate right to compensation for genuine workplace injuries.
