Call Us Today - It's Free! Text Us
Text Us

Workers’ compensation is a state-sponsored system that may allow workers who are injured on the job to claim financial restitution for medical expenses and a portion of their lost wages. In some cases, however, workers may fabricate or exaggerate their injuries to obtain benefits, or doctors may file false claims for treatment that they never provided. Regardless of the circumstances, individuals who are facing accusations of this crime should not hesitate to contact an Alameda workers’ compensation fraud lawyer for advice and counsel.

The state of California has devoted significant resources to identifying and prosecuting those who attempt to commit criminal fraud. As a result, you can expect aggressive prosecution of cases involving alleged workers’ compensation fraud. If you are facing such accusations, you could protect your rights by speaking with a criminal defense attorney.

The Nature of Workers’ Compensation Benefits

State law requires employers to pay for a private insurance policy that provides coverage for workers who are injured or suffer an illness while on the job. Workers’ compensation is a no-fault system, meaning that workers do not have to prove that the employer or anyone else is liable for their injuries to receive compensation for medical care and treatment, as well as temporary disability payments to make up for lost wages.

If employees have permanent disabilities, they may receive additional payments to replace wages lost due to an inability to work following their accident. If the injuries or illnesses cause employees to pass away, then their families may be able to receive death benefits through the workers’ compensation system.

Defining Workers’ Compensation Fraud

Under California Insurance Code § 1871.4, individuals commit workers’ compensation fraud when they take any of the following actions:

  • Intentionally make a false or fraudulent material statement or representation to obtain workers’ compensation benefits
  • Knowingly present a false or fraudulent written or oral material statement in a workers’ compensation claim
  • Intentionally assist or abet another in taking one of these unlawful actions
  • Knowingly make false or fraudulent statements to discourage workers from claiming benefits or pursuing workers’ compensation claims

This statute also makes it unlawful to make false or fraudulent material representations or statements concerning benefits provided through the Return-to-Work Program. These statements may concern either obtaining benefits personally or discouraging employees from claiming benefits through this program. A qualified attorney in Alameda may be able to analyze accusations of workers’ compensation fraud and determine whether there is enough evidence to support the charges.

Penalties for Workers’ Comp Fraud in Alameda

Individuals convicted of workers’ compensation fraud can face misdemeanor or felony charges depending on the situation. These charges can result in a prison sentence of one to five years, as well as a fine of $150,000 or double the value of the fraud, whichever is greater. A sentence for workers’ compensation fraud also must contain an order for the individuals to pay restitution, including the costs of the investigation and payment for any medical evaluations or treatments received.

Furthermore, if a convicted individual has one or more prior felony convictions, he or she would receive a sentence for this offense with an enhancement of two years added for each prior conviction. Due to the potential severity of these penalties, anyone accused of this offense may wish to consult with a workers’ compensation fraud lawyer in Alameda right away.

Call an Alameda Workers’ Compensation Fraud Attorney for Advice

If you were accused of committing workers’ compensation fraud, you could be facing serious financial penalties and jail time, as well as other criminal charges depending on the situation. Either way, you likely cannot afford to go without legal representation.

Working with legal counsel may enable you to reach a more favorable resolution of the charges that you are facing. Contact an Alameda workers’ compensation fraud lawyer today and begin building your case.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts