San Diego County DA warns against workers’ comp fraud

A poster that the San Diego County District Attorney's Office has been using to inform the public about the consecuences of workers' compensation fraud shows a man in a prison jumpsuit.

It reads: "Commit Workers' Comp Fraud, Get a New Outfit."

There are a variety of frauds against the workers' compensation program from employees, but also from employers and business owners, said Dominic Dugo, deputy district attorney and chief of the Insurance Fraud Division at the San Diego District Attorney Office.

Among the most common ones for employees are false claims of work accidents, those who exagerate the lessions suffered during a work accident, and those who suffered an injury outside of work but who claim it was during working hours.

"All of these are very serious crimes we investigate," said Dugo during a presentation to business owners and employees in the City of Chula Vista on March 19th.

Business owners and employers also commit workers' comp fraud, he added.

There are those who try to convince or bribe employees so that they won't file a claim for a work accident. Or those who don't purchase workers' comp insurance at all.

Jesse Navarro, director of Community Relations for the District Attorney office, highlighted that undocumented immigrants shouldn't be afraid to file a claim for fear of retributions from their employers in case they suffered a work accident.

"In the South Bay, especially here in Chula Vista, it is very common for employers to threaten their undocumented employees with calling Immigration authorities or it is also very common for them to tell their employees, 'Here, take these $100 and go to a clinic in Tijuana but don't say anything,"' Navarro sai d.

He made it very clear that in these cases, employees, even if they don't have documents, are protected by law and their immigration status is not relevant.

But he also warned that the consecuences for immigrants with or without documents who commit workers' comp fraud not only include criminal chargers, but may also include deportation.

"After they finish their prison sentence for fraud, most likely they will be deported from the United States; if they had permanent residency they can lose it," Navarro said. "The majority of these crimes end in deportation."

Dugo said that the San Diego District Attorney office has a permanent campaign of workers' comp fraud prevention.

He said that the DA makes community presentations, like the one in Chula Vista, to inform people about the consecuences of fraud, which can include up to five years in pnson in many cases.

If you're a victim of a work accident and your employer threatens you for wanting to file a claim, or if you suspect fraud in a workers' comp case, please call the Insurance Fraud Division at (619) 531-3749.

To learn more about the San Diego District Attorney and its programs, please visit www.sandiegoda.com.