Frequently Asked Questions From Employers About Fighting Fraud
- What is considered workers' compensation fraud?
Workers' compensation fraud comes in many forms. It ranges from an injured worker receiving benefits and not reporting wages being received from another job, to a physician or health care provider billing for services not performed. It is the willful intent of an individual to withhold information or provide false information in an effort to obtain or defeat workers' compensation benefits.
- How can I make sure my employees know what they can and can't do while receiving workers' compensation benefits?
Each injured employee is mailed an Employee's Certificate of Compliance (PDF) by the Office of Workers' Compensation Administration (OWCA) when the Employer's First Report of Injury is received. This form explains the employee's rights and responsibilities while receiving workers' compensation benefits. The form can also be downloaded from this site and mailed to the employee by the employer or the insurer. If you need more assistance with this, please email wcfraud@lwc.la.gov.
- I think one of my employees may be working while receiving workers' compensation benefits. What should I do?
If you suspect someone is committing workers' compensation fraud, you should contact the Fraud Section at 1-800-201-3362, email wcfraud@lwc.la.gov or fill out the OWC_ReportFraudForm.asp">online form.
- Do I get a cash reward for reporting someone who is committing workers' compensation fraud?
At this time, the Louisiana Office of Workers' Compensation does not offer a cash reward for information leading to the arrest and conviction of anyone committing workers' compensation fraud. There are some insurance companies and self-insured employers that do offer such a reward.
- What else I can do to help fight workers' compensation fraud?
You should contact your injured workers regularly and ask about any changes in their medical conditions or employment status.
Any time an employee has been off of work due to the job-related injury for more than 30 days, you should send that employee an Employee's Monthly Report of Earnings (PDF). This will insure that the employee knows to report any income to the employer and the insurer.
Additionally, the Fraud Section can mail you a supply of Fraud Posters for your workplace. By prominently displaying the poster in your workplace, you can let your employees know that workers' compensation fraud will not be tolerated. You may also download a Fraud Poster (PDF) from this site.
- What are the requirements for the forfeiture of workers' compensation benefits under the fraud provisions of the workers' compensation statute?
The only requirements for the forfeiture of benefits under Section 1208 are that (1) there is a false statement or representation, (2) it is willfully made, and (3) it is made for the purpose of obtaining or defeating any benefit payment.
- How can I get more information about workers' compensation?
The Office of Workers' Compensation will be happy to provide speakers for any subject relating to workers' compensation. Refer to the OWCA Speaker's Bureau, and select a topic for which you are interested.
If you have any other questions regarding workers' compensation fraud, please email wcfraud@lwc.la.gov. You will receive a reply within 24 hours.
Equal Opportunity Employer/Program | Auxiliary aids and services are available upon request to individuals with disabilities. This page was last updated on June 5, 2020.
