Problems With Participating in Exercise While Receiving Workers Compensation in Vermont

by | Jan 4, 2018 | Lawyers

A person receiving Workers Compensation in Vermont may run into trouble if he or she is caught participating in the exercise that calls into question a claimed inability to work. Insurance companies that provide these benefits may routinely investigate claimants since there is always a concern about fraud. Someone who is found to be participating in vigorous physical activity may have the benefits canceled. The company may even demand restitution.

Speak With the Doctor

What if someone receiving payments for Workers Compensation in Vermont really wants to get some exercise but is not able to return to work on even a part-time basis? The best solution is to clear this with the physician who has been involved with the case. The doctor might provide documentation stating that it’s OK, and even beneficial, for the individual to spend an hour a day at the gym, in the swimming pool or riding a bike. That doesn’t necessarily mean this person is physically ready to spend 20 hours or more a week on the job.

Being Honest

Having benefits canceled, and especially receiving a demand for return of benefits that were already paid, leads to a very stressful situation that may require professional legal assistance to resolve. To avoid this, it’s a good idea to be completely straightforward with the doctor and the insurer, and not try to hide any activity. Workers comp payments are intended to be for employees who are dealing with enough physical disability to need more than a week off from work. Insurers are ever alert for the possibility of a scam, and they may automatically view any sort of moderate to intense physical activity as evidence of dishonesty.

Maintaining Privacy

Lawyers with a firm such as McVeigh Skiff LLP generally advise clients not to make public the activities they engage in while receiving workers comp. Even if they believe their social media profiles are secure, private investigators working for insurance companies often can figure out ways to see what’s posted. If there are pictures of the person playing racquetball or doing other strenuous activity, the report to the insurer will not look good for the claimant.