Workers’ Compensation Fraud Lawyer In Bellefontaine, OH
Ohio’s workers’ compensation system is complex, bureaucratic, and often downright confusing, and yet one mistake can lead to serious accusations. When the state suspects that someone has committed fraud, its prosecutors will act fast to bring criminal charges and seek a conviction. If you’ve been accused of committing workers’ compensation fraud, your whole future is at risk in an instant. You need a skilled defense attorney who understands how prosecutors build these cases—and how to dismantle them.
Do not face this alone. Contact McNamee Defense today for a case evaluation with an experienced workers’ compensation fraud defense attorney in Columbus, OH. We will review your situation, explain your options, and act fast to defend your rights.
Why Choose Our Firm?
Has your employer or the Bureau of Workers’ Compensation accused you of workers’ compensation fraud? If so, the stakes are high, and a conviction could result in substantial fines and even jail time. As such, you need knowledgeable legal counsel to protect your reputation and your freedom. Choose a defense lawyer from McNamee Defense to help you resolve allegations of workers’ compensation fraud because:
- Our law firm offers aggressive yet discreet legal representation to people in situations like yours. We understand how much you value your privacy and reputation, so you can trust us to work quietly and diligently towards the best possible resolution to your workers’ compensation fraud charges.
- Our attorneys focus on the facts of your case to minimize unnecessary delays. We recognize the importance of a prompt resolution to your criminal matter, and we want to reduce the anxiety and stress you’re feeling right now.
- Attorney Colin McNamee has more than a decade of experience defending clients in criminal cases in Columbus and throughout central Ohio. He has built a stellar reputation for compassionate client service and a thorough approach to legal representation and advocacy. He will work hard to develop comprehensive, tailored legal strategies that give you the best chance at a favorable resolution under the circumstances of your case.
What Is Workers’ Compensation Fraud Under Ohio Law?
Workers’ compensation fraud is typically prosecuted as a white collar crime under Ohio law. A person or business can face prosecution for workers’ compensation fraud if, with a purpose to defraud or knowing that one’s actions facilitate a fraud, they:
- Receive workers’ compensation benefits that they do not have a right to receive
- Make or present a false or misleading statement to secure workers’ compensation benefits
- Alter, falsify, destroy, conceal, or remove any record or document needed to establish the validity of a workers’ compensation claim or a claim for reimbursement for services or goods provided to a workers’ compensation recipient.
- Enter an agreement or conspiracy to defraud the Bureau of Workers’ Compensation or a self-insuring employer by making or presenting a false claim for workers’ compensation benefits.
- Make or present a false statement regarding manual codes, classification of employees, payroll, paid compensation, or the number of personnel needed to determine an employer’s workers’ compensation premium or assessment.
- Alter, forge, or create a false workers’ compensation certificate to show fraudulent workers’ compensation coverage.
- Fail to secure or maintain workers’ compensation with the intent to defraud the Bureau of Workers’ Compensation.
By default, Ohio classifies workers’ compensation fraud as a first-degree misdemeanor. However, an offense can become a felony based on the value of goods, services, property, or money obtained through fraud, including:
- $1,000 or more but less than $7,500: Fifth-degree felony
- $7,500 or more but less than $150,000: Fourth-degree felony
- $150,000 or more: Third-degree felony
How an Ohio Workers’ Compensation Fraud Defense Lawyer Can Help
A defense lawyer can help you fight for a favorable resolution to your charges by:
- Independently investigating your case to uncover favorable evidence that law enforcement and prosecutors may not have found
- Helping you understand the potential outcomes of your case so that you can make informed decisions about how to proceed
- Evaluating the facts and your preferences to develop a tailored defense strategy
- Defending your rights during prosecution by preventing unlawful searches or interrogations, or seeking to exclude such evidence
- Pursuing the best possible result, even when that means taking your case to trial
Depending on the circumstances of the allegations against you, you may be able to pursue the following defense strategies:
- Lack of intent : The defendant contends they did not act purposely or with knowledge of a fraud, as required by the workers’ compensation fraud statute.
- Reasonable mistake : Defendants may assert that they acted under a reasonable belief in the legitimacy of their actions, such as when an employee files a workers’ comp claim, believing their injury occurred in the course and scope of their work.
- Value of benefits : A defense strategy may focus on contesting the value of benefits, goods, or services involved in the case, which can help reduce the grading of a felony charge or downgrade a felony charge to a first-degree misdemeanor offense, lessening the severity of the penalties you might face for a conviction.
- Unlawfully obtained evidence or statements : A defendant may seek to exclude any evidence or inculpatory statements from the prosecution’s case by arguing that police investigators obtained the evidence or statements through a search or interrogation that violated the defendant’s rights.
Frequently Asked Questions
Below, you’ll find the answers to some of the workers’ comp fraud questions our Ohio defense attorneys most frequently get asked.
Yes, you could potentially be charged with workers’ compensation fraud for an innocent mistake, such as filing a claim because you sincerely believed you sustained a work-related injury or illness, or continued to accept benefits because you were not yet able to return to work. However, Ohio’s workers’ compensation fraud statute requires a defendant to have acted with the purpose of committing a fraud or knowing that their actions constitute a fraud. Thus, an honest mistake or reasonable belief in the legitimacy of your actions might provide you with a defense against a workers’ compensation fraud charge.
Sentencing ranges for workers’ comp fraud convictions include:
- First-degree misdemeanor: Up to 180 days in jail, a fine of up to $1,000, or both jail and a fine
- Fifth-degree felony: A prison term of nine, 12, 18, 24, 30, or 36 months, and a potential fine of up to $10,000
- Fourth-degree felony: A prison term of six, seven, eight, nine, ten, 11, 12, 13, 14, 15, 16, 17, or 18 months, and a potential fine of up to $5,000
- Third-degree felony: A prison term of six, seven, eight, nine, ten, 11, or 12 months, and a potential fine of up to $2,500
Under certain circumstances, courts may impose other sanctions instead of incarceration, such as a community control sanction or a term in a community-based correctional facility, an alternative sentencing center, or a halfway house. Courts may also impose an obligation to reimburse the bureau, an insurer, or an employer for losses caused by the fraud.
The sooner you get in contact with a Columbus workers’ comp fraud defense lawyer, the better. An attorney can begin investigating your case to clear your name or build a robust defense strategy to advocate for you should you face prosecution.
Contact Us Today for Help Fighting Workers’ Compensation Fraud Allegations
Sadly, innocent mistakes or misunderstandings can quickly lead to criminal allegations of workers’ compensation fraud. Get the legal representation you need to defend your rights and interests when you contact McNamee Defense today for a confidential consultation with a Columbus workers’ compensation fraud defense attorney. We look forward to meeting to discuss your workers’ compensation charges and how our law firm can fight on your behalf. Our firm services the Central Ohio region from our offices in Columbus and Bellefontaine.
External Resources
Ohio Bureau of Workers’ Compensation
Ohio Revised Code Section 2913.48 – Workers’ Compensation Fraud
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