Cincinnati Workers’ Compensation Fraud Lawyer
Defending Clients in Cincinnati, Ohio against Workers’ Compensation Fraud Charges
On-the-job injuries in the State of Ohio are unfortunately all too common. In fact, according to statistics from the Ohio Workers’ Compensation Board, more than 100,000 people suffer an on-the-job injury while working in the State.
If you suffer an injury or illness during the time that you are working at your job, you may be able to pursue benefits through the Ohio workers’ compensation system. However, it is important to note that the Ohio Board of Workers’ Compensation investigates and prosecutes individuals who commit fraudulent acts to attempt to unlawfully take advantage of the Ohio workers’ compensation system.
If you are being investigated or are criminally charged with committing workers’ compensation fraud, your first step should be to retain experienced legal counsel to represent your interests throughout your criminal legal matter. The knowledgeable Cincinnati workers’ compensation fraud lawyers at the Joslyn Law Firm can assist you with developing and arguing a strong legal defense to your criminal charge and ensuring that your legal and constitutional rights remain protected at all times.
Please call us today at 614-444-1900 or contact us online to learn more about how we may assist with defending you against your criminal charge.
Overview of Worker's Compensation Fraud in Ohio
- What is Worker's Compensation Fraud?
- If I'm Convicted, Will I Go to Jail?
- How Can the Prosecution Prove I Committed Fraud?
- Speak to an Attorney Today
What is Workers’ Compensation Fraud in Cincinnati?
Workers’ compensation fraud involves intentionally attempting to obtain benefits that you are not entitled to by Ohio law. This can include false statements or deceptive actions to your employer, and insurance company, or the Board for wrongful payment or coverage.
There are several different types of short-term and long-term activities that may constitute workers’ compensation fraud in Cincinnati. Some of the most common types of workers’ compensation fraud include the following:
- Instances where individuals enter into a conspiracy whose purpose is to defraud a self-insured employer – and in some cases the Ohio Board of Workers’ Compensation – by falsely claiming disability benefits for workers’ compensation
- Cases where an individual receives or pursues some types of benefit that he or she is not entitled to receive, through the Ohio workers’ compensation system
- An injured worker chooses to falsely overestimate the extent of his or her limitations or disabilities following an on-the-job accident and injury
- A worker suffers an injury outside of his employment, but he or she falsely claims that the injury occurred on the job and in the scope of the worker’s employment
- In order to obtain goods or services through the Ohio workers’ compensation system, a person intentionally makes a misleading or false statement.
- A worker obtains benefits through the workers’ compensation system, such as benefits for temporary total disability, while at the same time, the individual receives cash money under the table from someone (i.e., without paying any state or federal income taxes on that money)
- The worker, after becoming aware of certain unfavorable medical documentation or records, intentionally conceals these records that may have a negative impact on his or her ability to recover benefits for workers’ compensation
- A worker falsifies, conceals, removes, alters, or otherwise destroys medical records or other documentation which is necessary to establish a workers’ compensation benefits claim
If you are facing a criminal charge for workers’ compensation fraud in Cincinnati, and your criminal charge is based upon one or more of these circumstances, you should notify an experienced Cincinnati workers’ compensation fraud lawyer as soon as possible for assistance with defending your criminal case.
If I’m Convicted of Workers’ Compensation Fraud, Will I Go to Jail?
If you’re convicted or plead guilty to workers’ compensation fraud, the penalties you face will depend largely on the amount of money that you allegedly defrauded the Ohio workers’ compensation system. For example, if you allegedly defrauded the Ohio BWC less than $1,000, you will incur a first-degree misdemeanor charge, with a maximum penalty of one year in jail. These penalties go up significantly depending upon the amount of money involved - if you allegedly defrauded the Ohio BWC over $7,500, you could go to jail for 18 months. For fraud in excess of $150,000, you will be facing a third-degree felony charge and may be sentenced to up to 36 months in prison.
How Does the Prosecution Prove that an Individual Committed Workers’ Compensation Fraud?
As with all Ohio criminal cases, the state prosecutor is responsible for proving that an individual committed the crime of workers’ compensation fraud beyond a reasonable doubt. More specifically, the prosecutor must show that at the time when the fraudulent act was allegedly committed, you had the specific intention of committing an act that was fraudulent and/or that you were aware that you were in the process of facilitating a fraudulent act.
In the event the state prosecutor is unable to meet this high legal burden, the criminal case which is pending against you may end up being dropped, and the entire criminal case may wind up getting dismissed. An experienced Cincinnati workers’ compensation fraud attorney can argue a strong defense on your behalf in the courtroom and may be able to recommend a complete dismissal of your criminal charge, depending upon the circumstances.
Speak to a Cincinnati Workers’ Compensation Fraud Lawyer to Discuss Your Legal Defense Today
A workers’ compensation fraud arrest and conviction can detrimentally affect both your personal and your professional life. You may also be sentenced to jail time and be required to pay high fines, court costs, and other legal fees. The knowledgeable legal team at the Joslyn Law Firm is ready to assist you throughout your criminal legal matter today and will help you pursue the best possible result in your case.
Our office is happy to represent clients with cases in Cincinnati and all Southwest Ohio Counties. We regularly work in Greene County, Montgomery County, Butler County, Warren County, Hamilton County, Brown County, Campbell County, and Clermont County, Ohio. To schedule a free case evaluation and legal consultation with a Cincinnati workers’ compensation fraud lawyer, please call us at 614-444-1900 or contact us online to learn more about how we could assist you with a legal defense in your case.