The mythology surrounding employee fraud in worker's compensation is pervasive. Many of my clients begin their conversations with me indicating the following: "I'm not one of those folks faking their worker's compensation claim." The exaggerated media publicity concerning employee fraud has also resulted in outright worker intimidation regarding filing a claim. I had this conversation today with a prospective client.
Attorney: Why didn't you report the incident?
Client: I didn't want to have that on my record. Nobody will hire me if I have a worker's comp injury.
Attorney: Why didn't you seek medical treatment?
Client: I do not have insurance.
Attorney: Can you obtain insurance under the Affordable Care Act?
Client: You mean Obamacare? No way!
Fear of being stigmatized as a complainer, whiner, or simply a recipient of worker's compensation benefits has prompted many legitimately injured workers from filing a worker's compensation claim.
The adverse publicity concerning the Affordable Care Act (and its pejorative popular name "Obamacare") results in many otherwise qualified workers from obtaining the health care they need, especially when denied by a worker's compensation insurance carrier.
The politics of medical care intrudes in the worker's compensation arena daily.