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Governor Schwarzenegger signed SB 899 on 4/19/04. Many of the rules went into effect immediately while some will be 1/1/05. Contact DEC to have a summary of SB 899 faxed to you.
In an online poll recently conducted by the Texas Workers' Compensation Forum, 85 percent of those responding indicated they had been victims of fraudulent workers' comp claims. However, when asked if they were able to prove the fraud, only 50 percent replied "yes." Fraudulent claims cost employers millions every year, and they can be extremely difficult to prove. A good offense is the best defense. Keep your eyes open for any of the following red flags, Possible Employee Fraud Indicators:
• Injuries that have no witness other than the worker;
• Injuries occurring late Friday or early Monday;
• Injuries not reported until a week or more after they occur;
• Injuries occurring in a place where the employee would not usually work;
• Injuries not occurring in the job description – for example, a secretary injured when lifting a heavy object;
• Worker observed in activities inconsistent with the reported injury;
• Worker history of workers' compensation claims;
• Conflicting diagnoses from subsequent treating doctors;
• Any evidence of the injured employee's working elsewhere while drawing benefits.
These factors are not conclusive proof of fraud, but they may be a tip-off to it. If you suspect fraud, act quickly to preserve your rights and find the best course of action.
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