Workers’ Compensation Fraud

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Workers’ Compensation Fraud

Using fraudulent means to obtain worker’s compensation is a criminal offense in Ohio. If you’re convicted, it could result in a high-class misdemeanor or even a felony. That means you could be sentenced to pay thousand-dollar fines and spend time in jail or prison. Not only this, but the judge may court order you to pay the full cost of the investigation and prosecution as an added consequence.

With such steep penalties, it’s imperative you have a plan of action before you enter the courtroom. If you or someone you know has been charged with worker’s compensation fraud, it’s time you get in contact with an experienced criminal defense attorney. A skilled attorney can evaluate your charges and develop a sturdy defense for your case.

Attorney for Worker’s Compensation Fraud in Dayton, OH

Worker’s compensation fraud can come in various forms. In some cases, the offender fakes an injury so they can receive benefits for which they aren’t entitled to. In others, it involves altering or forging important documents to qualify for worker’s compensation. No matter the circumstances, the penalties are still just as dire. If you’ve been charged with worker’s compensation fraud, we recommend you call Joslyn Law Firm.

The attorneys at Joslyn Law Firm actively represent people accused of fraud such a worker’s compensation. We have an in-depth understanding of insurance matters and can use our insight to formulate a strong defense. With years of experience and innate talent, you can’t go wrong with hiring Joslyn Law Firm. Call us now at (937) 356-3969 to set up your first appointment free.

Joslyn Law Firm accepts clients accused of theft throughout the greater Montgomery County area including Dayton, Vandalia, Trotwood, Englewood, Moraine, and Miamisburg.

Overview of Workers’ Compensation Fraud in Ohio

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Types of Worker’s Compensation Fraud in Ohio

Worker’s compensation is a type of liability insurance by employers which provides benefits to their employees in case they’re injured on the job. Defrauding a self-insuring employer or the bureau of worker’s compensation or altering documents so you can qualify for worker’s compensation is a crime. The Ohio Revised Code section 2913.48 lists out the various ways a person can be charged with worker’s compensation fraud. These include:

  • Receiving worker’s compensation benefits when you’re not entitled;
  • Making false or misleading statements so you can secure worker’s compensation;
  • Altering, falsifying, destroying, concealing or removing any records necessary to fully establish the validity of a worker’s compensation claim;
  • Enter into any conspiracy to defraud the bureau of worker’s compensation or a self-insured employer by making false claims for worker’s compensation;
  • Make false statements for manual codes, employee classifications, payroll, paid compensation or number of personnel when that information is necessary to determine the actual worker’s compensation premium or assessment owed to the bureau by the employer;
  • Forge, alter, or create a worker’s compensation certificate to falsely present for worker’s compensation coverage; or
  • Fail to secure or maintain worker’s compensation under the regulations set forth by Ohio law and uses fraudulent means to defraud the bureau

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Penalties for Worker’s Compensation Fraud 

The consequences for worker’s compensation fraud are determined by the facts of the case. Worker’s compensation fraud is normally charged as a first-degree misdemeanor, which includes the following penalties:

  • A possible fine of up to $1,000; and
  • Up to 6 months in jail

Certain types of worker’s compensation fraud can lead to enhanced penalties. Doing any of the following kinds of worker’s compensation fraud could possibly elevate your consequences.

  • Making a false statement regarding manual codes, employee classification, paid compensation or number of personnel or any other information necessary to determine the worker’s compensation premium or assessment owed to bureau by the policyholder;
  • Alter, forge or create a false worker’s compensation certificate; or
  • Fail to secure or maintain worker’s compensation required by law with the intent to defraud the bureau of worker’s compensation.

Doing any of the above actions described where the money stolen is between $1,000 and $7,000 is a fifth-degree felony, which is punishable by

  • A fine of up to $2,500; and
  • Up to 12 months in prison

If the money is between $7,500 and $150,000, then you’ll be charged with a fourth-degree felony. The maximum penalties for a fourth-degree felony include:

  • A possible fine of up to $5,000; and
  • Up to 18 months in prison

If the money stolen is over $150,000, then you should expect to face a third-degree felony. The consequences for a third-degree felony include:

  • A fine of up to $10,000; and
  • Up to 5 years in prison

Unfortunately, this isn’t the end to the possible consequences of a worker’s compensation conviction. The judge may also court order you to pay the government body who conducted the investigation and prosecution into your charges the entire cost associated with the case. These costs would be in addition to any other fines imposed on you during sentencing.

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Statute of Limitations for Worker’s Compensation Fraud

Prosecutors must follow a deadline when filing criminal charges known as the statute of limitations. If the district attorney attempts to file charges past the statute of limitations, the court will bar it entirely. The reasoning for this is so crimes are handled efficiently, and evidence associated with the offense doesn’t lose its integrity.

Ohio bases its statute of limitations on the crime’s classification. Committing worker’s compensation fraud without aggravating factors is a misdemeanor, so the statute of limitations is two years. Aggravated worker’s compensation fraud is charged as a felony. Therefore, the statute of limitations is up to six years.

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Additional Resources

Ohio’s Bureau of Worker’s Compensation– Visit the official Bureau of Worker’s Compensation for Ohio to learn more about how to file a claim and apply for coverage. Access their site to find more information about providers, benefits and ways to avoid fraud.

Worker’s Compensation Fraud Statute – Visit the official website for Ohio’s Revised Code to learn more about their laws on worker’s compensation fraud. Access the site to find more information regarding the different types of fraud, their penalties and other related offenses.

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Dayton Lawyer for Worker’s Compensation Fraud in Ohio

Have you been charged with worker’s compensation fraud recently? Are you unsure on what your next move should be? If you’re stuck with these questions, we recommend you call Joslyn Law Firm. The legal team at Joslyn Law Firm understand how overwhelming the criminal process is, especially if you’ve never been charged. We want to use our knowledge to help you navigate past these charges and move on with minimal consequences.

Call us now at (937) 356-3969 to set up your first appointment free on us. During the consultation, we can sit with you and discuss your charges. We can offer you our defense package as well as answer any burning legal questions you may have. Our offices can be found in Dayton Ohio, but we practice throughout the Montgomery County area

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This article was last updated on July 25, 2019.

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