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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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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: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year 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.