Understanding Workers' Comp Fraud and Protecting Your Future

Construction worker with his family seeking help from Castan, Lecca & Boeschen for a workers compensation fraud case.

Workers’ compensation is a vital safety net, designed to provide financial stability and medical care to employees who suffer job-related injuries. When the system works as intended, it allows families to stay afloat during a recovery period. However, in the high-stakes legal environment of 2026, the term “fraud” is often used as a weapon by insurance carriers to delay or deny legitimate claims. Understanding what constitutes workers’ compensation fraud, and how to safeguard yourself against unfounded accusations, is essential for any worker in Georgia.

At Castan, Lecca & Boeschen, we have spent over 30 years representing the injured. We have seen how a simple administrative error can be twisted into a criminal allegation. The reality of 2026 is that insurance companies are using more aggressive surveillance and data analytics than ever before to flag “suspicious” behavior. If you find yourself in the crosshairs of a fraud investigation, you are not just fighting for your benefits; you are fighting for your freedom and your reputation.

What Really Constitutes Workers’ Comp Fraud?

Fraud generally involves an intentional act of dishonesty to obtain financial benefits. It is important to distinguish between a mistake and criminal intent. In our practice, we see fraud categorized into three main areas:

  • Employee-Level Allegations: This is the most common form of accusation we defend against. It includes claims that a worker is exaggerating their symptoms, lying about how the injury occurred, or working a second job while receiving disability benefits. In 2026, even a photo on social media of you smiling at a family dinner can be used by an insurance adjuster to claim your physical limitations are “fraudulent.”
  • Employer Misconduct: Fraud isn’t just committed by workers. Some employers illegally misclassify employees as independent contractors or underreport their payroll to lower their insurance premiums. Others may flatly deny a valid claim to keep their “accident-free” record intact.
  • Provider Deception: Occasionally, medical providers bill for services they never rendered or inflate the level of care provided to maximize insurance payouts.

While the National Insurance Crime Bureau estimates that workers’ compensation fraud accounts for approximately $30 billion in annual losses, the vast majority of workers are honest people simply trying to heal. The problem is that the “fraud” label is increasingly applied to anyone whose recovery doesn’t follow a perfect, linear path.

The Real-World Consequences of a Fraud Conviction

A construction worker reading documents to understand Georgia workers' comp laws and find legal defense for workers.

In 2026, the legal system treats workers’ comp fraud with extreme severity. Depending on the amount of money involved, a conviction can range from a misdemeanor to a serious felony. The consequences extend far beyond the courtroom:

  1. Mandatory Repayment: You will be required to pay back every cent of the benefits you received, often with high interest rates.
  2. Stiff Fines: Georgia courts can impose substantial financial penalties that can bankrupt a family.
  3. Incarceration: For serious cases, prison time is a very real possibility in today’s political climate.
  4. Permanent Reputation Damage: A fraud charge on your record can make it nearly impossible to find future employment.

Protecting Yourself: How to Avoid Accusations

The best defense is a proactive offense. To protect your claim from being flagged, you must be meticulous in your communication and conduct.

  • Be Brutally Honest: Never exaggerate your pain, but do not minimize it either. Be consistent in how you describe the accident to your boss, the emergency room doctor, and your physical therapist. Discrepancies in your story are the first thing investigators look for.
  • Adhere to Medical Protocols: If your doctor prescribes physical therapy three times a week, go to every session. Skipping appointments or ignoring a “no-lifting” restriction provides the insurance company with “proof” that your injury isn’t as serious as you claim.
  • Report Promptly: A delay in reporting a work injury is a major red flag. In 2026, the Georgia State Board of Workers’ Compensation is stricter than ever regarding notice deadlines.

Why You Need an Experienced Advocate

An experienced personal injury attorney at Castan, Lecca & Boeschen ready to protect your rights and your future.

Navigating a workers’ comp claim in 2026 is like walking through a minefield. One wrong step can blow up your entire case. This is where the experienced attorneys at Castan, Lecca & Boeschen come in.

An attorney does more than just file paperwork. We act as a shield between you and the insurance company. We ensure that your documentation is complete and that your rights are protected throughout the process. If you are wrongly accused of fraud, we have the resources to conduct our own investigations, gather expert testimony, and fight back against the insurance company’s tactics.

We have been serving the Atlanta and Norcross communities for decades, and our results speak for themselves. We offer free consultations and operate on a bilingual basis to ensure every worker gets the representation they deserve. Don’t let a fear of accusations stop you from seeking the benefits you’ve earned.

 

Bibliography and Verification

Part A (Internal Sources):

Part B (Recent External Research):

USCIS Policy on Workplace Protections (2026 Update): https://www.uscis.gov/working-in-the-united-states

(864)761-4141

Preston Moore

Attorney

Preston Moore is a trial attorney whose injured clients have seen more than $30 million in settlements and jury verdicts. An alumni of Georgetown University (B.A.) and Harvard Law School (J.D.), Preston started practicing law at a multinational firm in Atlanta where he represented large corporations in high-value lawsuits. From there, Preston joined a well-respected product liability practice in Atlanta where he focused on representing two key sorts of cases: workplace product injury matters and high-limit insurance litigation. Now, Preston serves his clients by providing high-quality, no-nonsense representation for those catastrophically injured by the negligence of others, whether by settlement (where his clients have obtained over $10 million in recoveries since January 2024) or trial (where his clients have earned over $10 million in jury verdicts since 2022). Preston is loved by Jesus and attends Calvary Baptist Church in Smyrna. He lives in Kennesaw, GA with his wife, Brooks (9), Tripp (3), Emma Kate (newborn), and his Pomeranian, Birdie.

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish

AREAS OF PRACTICE 
  • Immigration
  • Misdemeanor Criminal Defense
  • Accidents at Work and Personal Injury
  • Guardian Ad Litem
  • Uncontested Divorce
  •  
BAR ADMISSIONS
  • State of Georgia, November 2015
  • Supreme Court of Georgia, November 2015
  • Executive Office of Immigration Review (EOIR), 2016
  • U.S. District Court for the Northern District of GA, May 2021

 

EDUCATION
  • J.D., Georgia State University College of Law, 2015
    • GRA
  • B.A., Georgia State University, Bachelors of Arts, Political Science/Pre-Law, 2011
    • Minor in Spanish
    • Magna Cum Laude

 

CERTIFICATIONS AND SPECIAL DESIGNATIONS
  • Health Law Certification, Georgia State College of Law, May 2015
  • Guardian ad Litem, Atlanta Volunteer Lawyers Foundation, July 2025

 

PRESENTAIONS AND SPEAKING ENGAGEMENTS 
  • Inadmissibility And Deportability, 2022 Georgia Alabama Aila Chapter Annual Conference “Lawyers At Work: Building A Stronger Immigration Bar”, CLE Speaker, March, 2022.
  • Congressional Ambassador, AILA National Day of Action, Washington, D.C. March, 2024.
  • Panel on Migrant Justice and Undocumented Youth Struggles, Georgia State University College of Law, 2021.

 

ORGANIZATIONS
  • State Bar of Georgia
  • Cobb County Bar Association
  • AILA, American Immigration Lawyers Association
  • Georgia Democracy Taskforce
castan&lecca-iliana-bio

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
castan&lecca-ken-bio

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.