The New Jersey Workers’ Compensation Fraud Statute, N.J.S.A. 34:15-57.4, is alive and well as it applies to injured workers. Attorneys for workers’ compensation carriers make fraud arguments often, in some cases being successful in terminating workers’ benefits. Yet injured workers do not typically file fraud claims against employers and/or their insurance carriers, who routinely and improperly deny benefits to injured workers.

The statute specifies that a person shall be guilty of a crime of the fourth degree if the person knowingly or purposely, when making a claim for workers’ compensation benefits, makes a false or misleading statement, representation or submission concerning any material fact. The same penalty applies to employers when applying for coverage if they make a false or misleading statement about classification of employees to evade paying full premiums.

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