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Captive Insurer Alleges Fraudulent Construction Accidents in New York

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Captive Insurer Alleges Fraudulent Construction Accidents in New York

A recent lawsuit filed by Ionian Re LLC, a captive insurer for New York’s construction sector, exposes an alleged scheme to exploit workers’ compensation and labor law protections through staged accidents. The complaint, lodged in the U.S. District Court for Eastern New York, implicates multiple contractors, law firms, and individuals in orchestrating fraudulent claims.

Key Allegations:

  1. Staged Construction Accidents
    Conspirators allegedly recruited workers to fake injuries, often involving unwitnessed falls with claims of physical and psychological harm, including anxiety and PTSD.
  2. Inflated Medical Diagnoses
    Certain law firms referred claimants to medical providers who provided unnecessary treatments to bolster settlement amounts.
  3. Financial Impact
    The alleged scheme has significantly increased insurance premiums for New York’s construction industry, passing costs to property developers, contractors, and subcontractors.
  4. Similar Past Allegations
    Ionian Re LLC previously filed a related complaint in October, targeting recruitment efforts through Spanish-language safety classes.
  5. Defendants Named
    Among those accused are law firms Subin & Associates, Wingate Russotti, Shapiro, Moses & Halperin, and William Schwitzer & Associates, along with several individuals described as “runner-claimant defendants.”

The lawsuit underscores the financial and reputational risks posed by fraudulent claims in the construction industry, highlighting the importance of robust risk management and compliance measures to safeguard businesses.

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