Exploring Employer Workers’ Compensation Fraud
The California workers’ compensation system is a no-fault system, which means that the injured employee does not have to prove to their employer that they suffered an injury, that the injury occurred on the job, or that the injury occurred in the scope of their employment. No one needs to be assigned fault in order for workers’ compensation to be paid to an injured employee. This is why the workers’ compensation system is susceptible to fraud. The most common forms of workers’ compensation fraud include the following:
- Premium fraud: Premiums owed to insurers are underreported by employers, or the employer purposely misclassified workers to avoid paying workers’ compensation benefits
- False injury claims: An employee claims he or she was injured when there was no injury present
- Inflated injury claims: An injured employee makes a claim that their injuries are worse than they are
- Complex schemes: Professionals, including doctors, work together to obtain higher compensation from the workers’ compensation system
How to Defend a Claim of Workers’ Compensation Fraud
Should your company be accused of workers’ compensation fraud, a Marina Del Rey compensation fraud defense attorney can help build a case in defense of the charges. The most common defenses to workers’ compensation fraud are insufficient evidence and no intent to defraud.
Insufficient Evidence of Workers’ Compensation Fraud
In order for a workers’ compensation fraud case to be successful, evidence proving your guilt beyond a reasonable doubt must be presented to the court. This evidence could include detailed reports from doctors and other professionals documenting the workers’ compensation cases in question. If there is a lack of evidence in the case, this defense could wind up benefiting your company if it is accused of compensation fraud.
No Intent to Defraud or No Knowledge of Fraud
The most critical aspect of a workers’ compensation fraud case that the prosecutor must prove is that there was intent to defraud the system. This includes proving that you knew the statements you made were fraudulent. Our Marina Del Rey compensation fraud attorney might be able to show the court that you made a simple mistake in reporting the claim and nothing else. It is the prosecutor’s job to prove beyond a reasonable doubt that you committed fraud.
Schedule an Appointment With a Compensation Fraud Defense Attorney Today
Has your company been accused of workers’ compensation fraud? Are you concerned that your workers’ compensation insurance is not sufficient? If so, it’s time to speak with an experienced Marina Del Rey compensation fraud defense attorney about your company’s situation. Call the Sacks Law Group, APC, at 310-216-7778 or complete our contact form to schedule an appointment with an experienced member of our team.
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READ THE REVIEWSEmployers Workers' Compensation Defense
The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.