I injured my knee as the result of a fall at work. I will be having surgery soon that will be paid for by workers comp. One of my co-workers has been telling other people where I work that my knee injury could have been the result of a bicycle accident I had 5 years ago. While this person has not directly said that I am defrauding workers comp., she is strongly implying that I am. Since fraudulent workers comp claims are a crime, and these statements are being made to a third party, and these statements are entirely false, (even at the time of this bicycle accident, there was no mention of a knee injury, nor have I ever been treated for a knee injury prior to this), is this situation defamation per se?
The rendering of an opinion is almost never defamatory. Based on what you posted here I think you're highly unlikely you have a case. However, since you posted here may not reflect what actually happened I recommend you chat with an attorney in your area and among other things establish your damages;
as a general rule, no damages equals no suit.
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