June 30, 2014
Here is the conclusion to our three-part blog What You Need to Know about Workers’ Compensation Fraud. While the first two parts of this blog discussed some of the most common forms of workers’ compensation fraud, as well as the signs of this type of fraud, below, we will take a closer look at the penalties for this criminal act, as well as what claimants can do to avoid committing workers’ compensation fraud.
Penalties for Committing Workers’ Compensation Fraud
When any party is suspected of having committed workers’ compensation fraud, the Workers’ Compensation Fraud Investigation Unit (a division of the Colorado Department of Labor & Employment) will conduct its own investigation into the case and may refer it to a prosecutor (depending on the outcome of the investigation).
If there is sufficient evidence to warrant criminal charges, then the person (or party) suspected of having committed workers’ compensation fraud can be charged with a class 5 felony offense (according to the Colorado Workers’ Compensation Act, §8-43-402 C.R.S.). For prosecutors to prove their cases in court, they must be able to definitively establish that:
- False statements or representations were made as part of a claim.
- The false information was used to make a decision about the claim.
- There was a specific intent to commit fraud.
If convicted on these charges, the penalties for workers’ compensation fraud can include:
- Up to 3 years in prison
- Up to $100,000 in fines
- Up to 2 years of mandatory parole.
Tips for Avoiding Workers’ Compensation Fraud
Given the severe penalties that can be handed down for workers’ compensation fraud convictions, it’s critical that injured workers do their best to avoid committing this type of fraud by:
- Never lying about how they incurred their injuries
- Only providing truthful information on their claims’ forms
- Trusting their case to an experienced attorney like Jennifer Bisset.
Denver Workers’ Compensation Lawyer at the Bisset Law Firm
Have you been injured at work? If so, Denver Workers’ Compensation Attorney Jennifer Bisset wants you to know that she is here to aggressively advocate your rights and help you obtain the benefits you need and deserve. All of the experienced legal professionals at the Bisset Law Firm are dedicated to providing each of our clients with the highest quality legal representation, keeping each of our clients informed and in the loop at every stage of their cases and, ultimately, helping them obtain the best possible results for their cases.
Contact Us Today
Contact Denver Workers’ Compensation Lawyer Jennifer Bisset by calling (303) 894-8900 to learn more about your rights and receive a professional evaluation of your case.
While we offer knowledgeable, superior counsel to anyone seriously injured on the job, some of our additional key strengths include our fierce negotiating skills, our extensive trial experience and our readiness to take decisive action when the denial or delay of a workers’ compensation claim is finally overruled.