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Workers’ compensation insurance is an insurance policy that provides financial assistance to employees injured while performing their job duties. These claims do not hinge on why an employee was injured, instead, it simply requires that an injury occurred at the workplace.

This means generally any on-the-job injury is covered by workers’ compensation insurance. This compensation helps to offset the cost of medical expenses and lost wages due to the accident. However, even though it does not require proving how an accident occurred, it can still be difficult to obtain. Since fraudulent claims have been made in the past, Dublin now scrutinizes a higher number of claims more closely.

If you face accusations of this offense, a Dublin workers’ compensation fraud lawyer could help you determine a plan of action. A dedicated fraud attorney with knowledge of the local legal procedures could provide support and comfort while aggressively working on your defense.

What Dublin May Consider to Be Fraud

The California Insurance Code (CIC) §1871 outlines the need for this protection, which includes protecting employers from the cost of fraudulent claims, restoring confidence in the workers’ compensation system, and deterring employers who attempt to prevent employees from making claims. Some activities that are strictly prohibited include:

  • Lying to employees to discourage them from making a claim (1871.4(a)(4))
  • Making a false statement to prevent another from obtaining benefits (1871.4(a)(1))
  • Helping someone fraudulently obtain benefits (1871.4(a)(3))

Workers’ compensation fraud is also defined in California’s Penal Code §550. This statute prohibits outside parties from making a claim for the benefits a claimant did not use and making multiple claims for the same injury. In order to convict on fraud charges under either code, the prosecution will need to prove intent. Often, when building a defense, Dublin workers’ compensation fraud lawyers may rely on evidence to try and demonstrate that an alleged person had no intention of violating the laws.

Penalties for Workers’ Compensation Fraud

Being convicted of an act of fraud related to workers’ compensation in Dublin could carry serious penalties. Depending on the act committed, CIC §1871 outlines potential punishments. These include:

  • Imprisonment between one and five years
  • Fines not exceeding $150,000, or double the value of fraud committed
  • Repayment for the value of fraud
  • Ineligibility for future benefits
  • Government registration

In addition to the criminal penalties listed in the California law, convicted people may face other consequences, including the loss of a job, impact on additional court claims, and permanent damage to his or her reputation. A conviction may also result in the creation of a criminal record, extending the impact of penalties well beyond a prison sentence. Fortunately, a Dublin workers’ compensation fraud lawyer could help those facing charges work towards a positive resolution by examining the cause of claim and collecting evidence of the harm and injury a person sustained.

A Dublin Workers’ Compensation Fraud Attorney Can Be an Ally

Dealing with criminal charges alone could be very frightening, especially for those unfamiliar with the criminal justice system. To fight for the best possible outcome, you may wish to work with a Dublin attorney with experience handling the laws related to workers’ compensation fraud.

During an initial meeting, a dedicated workers’ compensation fraud lawyer could explain relevant law, what rights help protect you, the process of a criminal case, as well as reviewing your unique circumstances. Contact a Dublin workers’ compensation fraud lawyer to discuss your situation and allow a dedicated attorney to begin advocating for you and your rights.

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