April 16, 2010
Did you know...?
Comp Fraud, Noncompliance Referrals Soar in First Quarter
Fraud and noncompliance referrals by the Missouri Division of Workers' Compensation to the state attorney general more than doubled in the first quarter of 2010, compared to the first three months of 2009, the Department of Labor and Industrial Relations reported.
The division had referred 87 cases from the beginning of the year until March 31. That compares to 39 cases referred for prosecution during the first quarter of 2009. The department said the increase "is caused by the combination of the division’s efforts enhance its ability to analyze more cases and the fact that employers are likely to cut coverage during hard economic times."
Department Director Larry Rebman called the increase "staggering," and said the agency will continue to work to enforce the laws and also to remind Missouri employers of their obligations under the law.
Any employer with five or more employees (or one or more, if that employer is engaged in construction) must have workers’ compensation coverage in Missouri, either by securing an insurance policy or by obtaining authority from the division to self-insure its liability, Rebman said.
The department reported that for the last five years, approximately 80% of the cases referred to the attorney general involved noncompliance.
Of the 87 cases referred far in the first quarter of 2010, 67 involved noncompliance, 17 involved fraud by an employer or insurer (such as failure to report an injury that occurred), and three involved fraud by employees.
Failing to comply with the workers’ compensation requirements is a class A misdemeanor that carries a penalty of up to three times the premium the employer would have paid or $50,000, whichever is greater.
Failure to report an injury is a misdemeanor with a penalty of $50 to $500 per violation.
Making a false representation in order to obtain a benefit is a class D felony carrying a fine of up to $10,000 or double the value of the fraud, whichever is greater.
For more information visit the Missouri Department of Labor’s website at http://www.labor.mo.gov/.
Source: Missouri Department of Labor and Industrial Relations
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