It's possible. Eager to be hired, some job hunters may gloss over previous injuries in their medical histories or overstate their physical abilities on applications.
While these deceptive tactics may help applicants get a wanted job, should they suffer a workplace injury, this misrepresentation of their medical conditions can jeopardize any future chances to collect workers' compensation benefits.
What Does Georgia Law Say About Lying?
Georgia workers' compensation laws allow employers to deny injury claims based on certain types of employee misconduct. This includes instances in which employees lie about their medical histories and then later suffer new injuries related to undisclosed or misstated conditions.
However, when using this defense to deny a worker's injury claim, employers must first prove the following:
- The employee in question knowingly and willingly falsely represented his or her physical condition during the application and hiring process
- The employer relied on the employee's false representation and it was a substantial factor in the hiring decision
- The falsely-represented past injury caused or contributed to the employee's workplace injury
Known as the “Rycroft defense,” it's designed to protect employers from undeserved liability for employee injuries. However, some employers may attempt to use this defense unjustly, resulting in the denial of valid workers' compensation claims.
Consult an Experienced Workers' Compensation Attorney
There's a lot at stake after an on-the-job injury. A skilled workers' compensation attorney can help injured employees understand their legal rights and options, help them avoid mistakes that could cause their claims to be denied, and ensure they're treated fairly by employers and their insurance companies.
If you were injured on the job, only to have your employer claim your injury was related to a misrepresentation in your application, the knowledgeable attorneys with Rechtman & Spevak can help you build a strong case and fight for the workers' compensation benefits you need and deserve.
Do you have questions about a denied workers' compensation claim? Contact us today to schedule an appointment for a free initial consultation.