Workers’ Compensation Fraud in Washington, D.C. & Alexandria, VA
Providing a Strong Defense
Most employers are required to carry insurance. When a person is injured during his or her work duties, he or she can file a claim for workers’ compensation. This kind of compensation provides for medical benefits, lost wages, and other monetary compensation and is governed by Title 65.2, Alexandria, VA Workers’ Compensation Act.
When someone lies, however, to financially benefit from a workers’ compensation claim, things can get bad quickly. That lie could be considered workers’ comp fraud, and if convicted, an alleged offender faces up to 20 years in prison as well as fines, restitution, and/or probation.
If you have been charged with workers’ comp fraud, you need the assistance of an experienced fraud defense attorney. Workers’ compensation fraud is a serious allegation for which any Alexandria, VA prosecutor will work hard to get a conviction.
What Is Workers’ Compensation Fraud?
Workers’ compensation fraud occurs when a person or entity knowingly provides false information about workers’ compensation or otherwise employs fraud to receive financial or other benefits for him or herself from the insurance company. Obtaining money in this manner is typically grand larceny (unless the value is less than $500, in which case it is petit larceny).
Are There Defense to Workers’ Compensation Fraud?
You can defend against an allegation of workers’ compensation fraud. A few of these defenses include:
- Lack of Intent. If you didn’t mean to steal the money, then you may have a defense. For example, you may have made an honest mistake in the paperwork to the insurance company and that mistake led to additional benefits that you would have otherwise not been eligible for.
- Mistake of Fact. If you misunderstood stood the facts of the situation and reported the erroneous information based on this misunderstanding, then the mistake of facts can negate the mental state required in Alexandria, VA to be convicted of workers’ compensation fraud.
- Constitutional violations. If your constitutional rights were violated during the investigation before you were arrested, then any evidence flowing from the violation can be suppressed as evidence. For example, according to the Fourth Amendment, you have a right to privacy and not to be unreasonably searched. If you or your home was searched without your consent and without a properly obtained warrant, then evidence found from that unlawful search can be excluded.
Defenses are not your only option. As mentioned, S.L. England, PLLC believes in holding the state, the judge, and the jury accountable to the principle you are innocent until proven guilty beyond a reasonable doubt. Our attorney will introduce reasonable doubt regarding your involvement in any alleged workers’ compensation fraud.
Defend Against Allegations of Workers’ Compensation Fraud
If you have been charged with workers’ compensation fraud in the District of Columbia / Alexandria, VA metropolitan area, reach out to S. L. England, PLLC today. We are committed to formidable, smart criminal fraud defense and understand how mistakes are made in workers’ comp cases. We are ready to help you clear your good name and get back to healing or returning to work.
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