Employer workers’ compensation insurance is required in California if any company has more than one non-family member employee on the books. Should your company fail to acquire workers’ compensation insurance and an employee suffers an injury on the job, you could not only face a lawsuit from the employee but also massive penalties from the state. If you are accused of workers’ compensation fraud, you will need a Marina Del Rey compensation fraud defense attorney from the Sacks Law Group, APC, by your side.
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:
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.
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.
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.
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.