While receiving workers’ compensation, you may be required to complete forms about your injury, medical care, and work status. But could a simple mistake on one of these forms lead to criminal charges in Columbus? In some cases, even minor or unintentional errors can trigger accusations of workers’ compensation fraud. Knowing what actions can lead to these charges is an important step toward correcting mistakes and protecting yourself from legal consequences.
Under Ohio law, a person commits workers’ compensation fraud when they receive benefits to which they are not entitled, make or present a false or misleading statement to secure workers’ comp benefits, or alter, falsify, destroy, conceal, or remove any document necessary to establish the validity of a workers’ compensation claim. A workers’ compensation fraud offense requires an employee to have an intent to obtain benefits and make a material misrepresentation to secure those benefits.
Some of the most common kinds of mistakes that injured employees may make when filling out forms in a workers’ compensation case include:
Mistakes on forms in workers’ comp cases can cross the line into fraud when they result from intentional deception rather than negligence or oversights by an injured worker. For example, a person may commit workers’ compensation fraud if they knowingly conceal prior injuries or falsely claim an inability to work while continuing to work in a second job. Furthermore, a pattern of errors or repeated inconsistencies may lead prosecutors to suspect that an employee fraudulently obtained workers’ compensation benefits.
Allegations of workers’ compensation fraud may result in criminal prosecution of an employee. The grading of a workers’ compensation fraud charge will depend on the total value of the benefits obtained through an employee’s alleged fraudulent activity, with charges potentially becoming a third-degree felony in cases involving significant amounts of workers’ comp benefits. A conviction could result in various penalties, including jail or prison time, fines, and restitution to reimburse the employer or insurer for fraudulently obtained benefits. A person convicted of workers’ comp fraud may also lose their job and face the stigma of a criminal record that can make it challenging to find new work.
When an injured worker discovers that they have entered inaccurate information in a workers’ compensation claim form, they should promptly correct the mistake by contacting the relevant parties, such as the worker’s employer, the workers’ compensation insurance company, or the worker’s medical providers. Injured workers should not assume that a “minor” mistake won’t lead to legal issues, as even minor details may affect a worker’s eligibility for benefits. Furthermore, a worker should contact a workers’ compensation lawyer if their employer opens an investigation into the worker’s erroneous forms or if the insurer requests reimbursement of benefits.
Putting inaccurate information on an employment or medical form while receiving workers’ compensation benefits in Ohio might expose you to fraud charges. If the police charge you, hiring experienced legal counsel can protect your rights and interests. Contact McNamee Defense today for a confidential consultation with an experienced criminal defense attorney to discuss your legal options if you face workers’ compensation fraud charges due to documentation errors.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.