Um …. No, you may not, at least not in New York. Common sense (which seems to be in very short supply these days) tells us if we are too injured to return to work at our regular, full-time job with our employer because of a workplace injury, then we are too injured to run an independent business, as this New Yorker found out.
A man was convicted in a New York court by a jury of illegally collecting $66,000 in workers’ compensation benefits while operating a fish stocking business near his home following an accusation he earned thousands of dollars through his business while claiming a previous job-related injury prevented him from working. (WCxKitz) He was found guilty of submitting numerous work activity reports falsely stating he was not working in any capacity.
According to the prosecution, the man started collecting workers’ comp benefits after suffering a back injury while moving sheet rock.
The man was convicted on charges of offering a false instrument for filing and workers’ comp fraud. Both charges are felonies and he could be sentenced to up to three to (WCxKitz) four years in prison. Judge W. Howard Sullivan ordered a probation report pror to scheduling a date for sentencing.
Author Rebecca Shafer, J.D. Consultant, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.
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