Workers Comp Fraud

Do Not Face Charges of Workers Comp Fraud without an Experienced Attorney on Your Side

A conviction for workers comp fraud can change a person’s life and the life of their entire family. The good news is that no matter how strong the evidence against you seems to be, there can be options available to you. Keep reading to learn the facts about this type of charge, and then contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation if you have been charged with or accused of fraud.

Workers’ Compensation Fraud in California

Workers’ compensation is a type of insurance that is meant to provide medical care and lost income payments for workers who are injured while working. If a person is convicted of defrauding the program, they can face serious consequences.

Some of the acts that can be considered workers’ comp fraud include:

  • Knowingly making false statements to obtain or deny workers’ compensation benefits
  • Knowingly aiding and abetting, or otherwise taking part in, a conspiracy to commit workers’ compensation fraud
  • Knowingly making fraudulent statements about eligibility in an effort to discourage an eligible worker from applying for benefits
  • Submitting (or preparing) numerous claims for a single injury
  • Soliciting or accepting business from a person with full knowledge that the person in question intends to commit workers’ comp fraud
  • Submitting a health care benefit claim to workers’ comp when that benefit was not used

These are only a few examples of the illegal ways in which a person can take advantage of the workers’ compensation program in California.

Potential Criminal Penalties for Workers’ Comp Fraud in California

In most cases, workers’ compensation fraud is a wobbler offense, which means it can be charged as either a felony or a misdemeanor.

If it is charged as a misdemeanor, it can result in:

  • County jail sentence of up to one year
  • Fines of up to $150,000 or twice the amount of the fraud – whichever is greater
  • Restitution to the victim
  • Misdemeanor probation

If it is charged as a felony, it can result in:

  • Two, three, or five years in state prison
  • Fines of up to $150,000 or twice the amount of the fraud – whichever is greater
  • Restitution to the victim
  • Felony probation

It is often the case that a charge of workers’ compensation fraud comes with additional charges such as:

  • Grand theft
  • Forgery
  • Perjury

Simmons Wagner, LLP can help with these and other charges you might face.

Potential Professional Penalties for Workers’ Comp Fraud

If a doctor, nurse, or pharmacist is accused of and found guilty of involvement in a workers’ comp fraud case, they could face professional discipline too. Doctors and nurses could each face discipline up to and including license revocation. Pharmacists could also lose their license if they are involved in a worker’s comp fraud case.

Legal Defense Options to Charges of Workers’ Comp Fraud

Depending on the specifics of the case and the evidence you are facing, we might be to have your charges reduced or dismissed, or have you found not guilty by a jury, with one of the following defense options:

  • You did not have the intent to commit workers’ compensation fraud
  • There is a lack of evidence to support the charges you are facing

Your attorney will carefully assess your case to determine the best way forward. To request a free legal consultation, contact Simmons Wagner, LLP at (949) 439-5857 at your convenience.