How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110467
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

We own a Construction company. Had an employee go out on work

Customer Question

We own a Construction company. Had an employee go out on work comp for 3 years and We have caught him committing fraud and have lots of proof and insurance company will do nothing to get him off work comp and it has raised our insurance premiums and ruined our safety record.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is up to the employer's workers compensation insurer to take action based on your evidence of fraud. You also need to contact the local district attorney and the state attorney general and you need to provide them the evidence of fraud.
The insurer not investigating and stopping a legitimate fraud claim is a breach of their fiduciary duty to you as well and it is grounds for you to seek to sue the insurer for breach of contract for their improper handling of claims. This would be a suit your attorney would need to bring against them.