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Salt Lake City, Utah 84106
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Dawn Atkin

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Accepting workers' compensation benefits inappropriately is criminal fraud. The most obvious example of fraud would be to tell the workers' compensation insurance company you are unable to work so that you can collect benefits while working and being paid “under the table.” However, fraud exists in any situation where someone lies in order to receive benefits. While Atkin & Associates believes people who commit fraud should be charged with the crime, we know workers compensation insurance companies have learned to use the criminal system to scare innocent injured workers out of their benefits.

It is common in a workers' compensation case for the insurance company to hire a private investigator to take video of the injured worker for a few days. The video alone cannot result in a fraud charge. The trouble starts when the injured worker states that he cannot an activity that the video shows he can do.

The only way to avoid a denial of benefits based on fraud is to be honest about everything you do.  For example, if you know that you can work on your car's engine because you tried and it hurt too bad to continue, do not say you can't work on a car's engine.  Instead, say you have tried, but it hurt to bad.  Nothing about workers' compensation law requires an injured worked to stay in bed all day.  Injured workers can have a life.  Just be honest about everything you do.

Unfortunately, an adjuster with video will often deny a claim without even looking at the video carefully.  One case involved a survaillance video where the investigator said it showed the injured worker "gardening," and activity the injured worker said she could not do.  When the attorney watched the video, it actually showed the injured worker walking to an outside faucet.  Turning on the water.  Picking up the end of the hose and letting the water fall onto a 2 foot by 2 foot flower garden for less than 3 minutes.  She then turned off the hose and went inside.  When this was brought to the insurance company's attorney, benefits were paid immediately.

Fraud is not something to handle by yourself.  At Atkin & Associates, we know how to turn these cases around.  Please click the Contact Us link at the top of the page for a free consultation.  

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K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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