Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Workers Compensation Fraud

By Spodek Law Group | February 14, 2023
(Last Updated On: October 18, 2023)

Last Updated on: 18th October 2023, 09:02 am


Workers Compensation Fraud

Workers compensation fraud is when someone tries to get workers comp benefits they shouldn’t get. This article will explain what workers comp is, the different types of fraud, how people commit it, and what happens if you get caught.

What is Workers Compensation?

Workers compensation, or workers comp, is a type of insurance that covers medical expenses and lost wages if you get hurt on the job or sick from work. It’s required in most states. Your employer pays the premiums. When you file a workers comp claim, the insurance company pays your medical bills and some of your salary while you recover .

The idea is to help people who get hurt at work without them having to sue their employer. Workers comp is the “exclusive remedy” meaning you can’t also sue your employer for damages. The tradeoff is you get your medical costs covered and some income while you’re out of work .

Types of Workers Comp Fraud

There are a few common types of workers comp fraud:

  • Fake injuries – Claiming you got hurt on the job when you didn’t.
  • Exaggerating injuries – Making your injury seem worse than it really is.
  • Old injuries – Claiming an old injury happened at work.
  • Malingering – Taking way longer to recover than needed.
  • Working while collecting – Working another job while collecting workers comp.

Let’s go over these in more detail:

Fake Injuries

This is when someone claims they got hurt on the job, but they didn’t really. Like pretending to slip and fall at work and file a workers comp claim. Or saying you got hurt lifting boxes, but you never lifted anything heavy.

Workers comp usually doesn’t require much proof of how the injury happened. So it can be tempting for people to fake accidents to get the benefits. Insurance companies watch for red flags like :

  • No witnesses to the accident
  • Changing descriptions of how it happened
  • Prior similar claims
  • Monday morning injuries – suspicious if happens first thing Monday morning

Exaggerating Injuries

Sometimes people have a real but minor injury at work. But they exaggerate how bad it is to try and get more workers comp benefits. For example, maybe they strained their back moving furniture. They could claim severe pain and inability to work, even though it’s just a pulled muscle.

Doctors watch for signs of exaggerated injuries like :

  • Symptoms that don’t match expected recovery
  • Refusing or avoiding treatments that could help
  • Unusual pain behaviors during exams

Old Injuries

People might claim an old injury happened recently at work. Like if they had a bad knee from sports years ago. They could pretend to fall and hurt their knee at work to file a workers comp claim.

Signs of an old injury claimed as new :

  • Pre-existing medical records about the same problem
  • Treatments don’t match expected progress for new injury
  • X-rays show degenerative changes from old injury


Malingering means dragging out recovery time on purpose to keep getting workers comp benefits. Say someone has a sprained wrist from work. It should heal in a few weeks. But they pretend it’s not getting better so they can keep collecting payments.

Doctors notice signs of malingering like :

  • Symptoms and problems inconsistent over time
  • Lack of effort and non-cooperation during exams
  • Refusing treatments expected to help

Working While Collecting

Most states require you to report any income you earn while collecting workers comp. Some people work another job while collecting benefits but don’t report it. That’s considered fraud.

Investigators look for :

  • Cash income that’s not on tax returns
  • Activities on social media that contradict claimed injuries
  • Tips or complaints from coworkers

How People Commit Workers Comp Fraud

There are a few common ways people try to pull off workers comp fraud:

  • Fake witnesses – Getting friends to back up the fake accident story.
  • Fake doctors – Doctors who exaggerate injuries for profit.
  • Lying – Not disclosing other injuries, income sources, etc.

Fake Witnesses

Having a witness helps prove a workplace accident happened. So people committing fraud might get friends or coworkers to lie and say they saw the accident.

Investigators look for :

  • Witnesses who are related or close friends
  • Statements that sound rehearsed or copied
  • Witnesses who change their story

Fake Doctors

Some doctors defraud workers comp by exaggerating injuries for profit. They might diagnose fake conditions, perform unnecessary tests and procedures, or prolong treatment.

Signs of a fake doctor :

  • Unusual diagnoses not supported by medical records
  • Lots of expensive, unnecessary treatments
  • Patients all have same vague symptoms


Lying is common in workers comp fraud. People may lie about:

  • How the injury happened
  • The severity of symptoms and limitations
  • Other conditions and injuries they have
  • Income from working another job

Investigators look for inconsistencies and evidence that contradicts claims.

What Happens If You Get Caught?

The penalties for workers comp fraud depend on the state. But all states take it seriously. Some potential consequences are :

  • Felony charges – Workers comp fraud over a certain dollar amount is a felony.
  • Fines – From hundreds to hundreds of thousands of dollars.
  • Jail time – Up to 5 years in prison for felony fraud.
  • Repayment – Having to pay back all the workers comp benefits received.
  • Loss of benefits – Forfeiting your right to future workers comp for that injury.
  • Job loss – Getting fired if you defrauded your employer.

Some key defenses to fight workers comp fraud charges are :

  • You didn’t realize you were committing fraud.
  • You made a mistake or misunderstood the rules.
  • You have a medical condition that explains the inconsistent symptoms.
  • The insurer’s investigation was biased or flawed.

But it’s very hard to beat fraud charges once you’re accused. It’s not worth the risk trying to cheat the system. Be honest upfront and focus on getting better.

The Bottom Line

Workers comp fraud hurts employers, insurers, taxpayers, and honest employees. Some people think of it as easy money. But it can ruin your career, finances, and reputation if you get caught. It’s better to prevent fraud by reporting suspicions and following the rules.

If you’re injured at work, be upfront with doctors, investigators, and your employer. Getting better should be your only focus. With honesty and patience, the system is designed to cover your medical treatment and lost wages so you can heal.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!