Lexington Workers Compensation Fraud Defense Attorney
Have you been charged with workers compensation fraud?
The first thing you need to do after you’ve been arrested for workers compensation fraud, is to call a Cooley, Iuliano, Robey PLLC fraud attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled workers compensation fraud defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their workers compensation fraud case against you. Our workers compensation fraud law firm and workers compensation fraud attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is worker’s compensation?
Worker’s compensation is an insurance, required by both Kentucky and federal law, that an employer buys or acquires to the benefit of the employee (worker), in order to offer compensation for injuries, a disease, or death that is a result or consequence of the work the employee is doing for the employer. They can get that insurance through a state fund or through a private insurance provider. Workers compensation, or worker’s comp, is a way to insure both the employee and the employer and it covers medical costs, partial lost-wages because of some accident or health problem, disability benefits, and death benefits.
The employer is liable for this insurance, not the employee, except when the injuries, death or disease are a result of voluntary intoxication by the worker and on the job, or the worker wilfully killed themselves. The requirement for worker’s compensation is needed when a business has one or more employees (with a few exceptions, like in agriculture, construction projects that last less than 20 days, and other exemptions).
There are several types of fraud involved with worker’s compensation. The penal code states, for example, that giving false statements about incidents on the job is a crime, when the intent is to receive more compensation than actually required. Sometimes, the payroll is underreported by the employer in order for workers to be paid less or lower their premiums. Or, the insurance fraud could be an exaggeration of the worker’s experience in order to also lower their premiums.
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If you are being accused of a workers compensation fraud crime, finding experienced professionals like Lexington KY criminal defense attorney or a workers compensation fraud lawyer immediately after your arrest is where you should start in taking control of your future.
Workers Compensation Fraud Charges in Kentucky Revised Statutes
White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you would want a white collar crime lawyer or workers compensation fraud lawyer as soon as you’re accused.
(1) No person shall knowingly file, or permit to be filed, any false or fraudulent claim on his or her behalf to compensation or other benefits under this chapter, or by fraud, deceit, or misrepresentation procure or cause to be made or receive any payments of compensation or other benefits under this chapter to which the recipient is not lawfully entitled, or conspire with, aid, or abet another so to do. No person shall by deceit or misrepresentation or with intent to defraud cause or procure or conspire with, aid or abet another in so causing or procuring any person entitled to compensation or other benefits under this chapter to delay or omit to claim title thereto or to accept the payment of a less sum than that to which he or she may be lawfully entitled thereunder.
(2) Any person, as that term is defined in KRS 342.0011, who knowingly, as defined in KRS 501.020, makes any false representation, including misrepresentations of hazards, classifications, payrolls, or other facts by an employer or its agent that are designed to cause a reduction in the employer’s premium, for the purpose of or in the course of receiving or providing any service or benefit available under this chapter, shall be subject to the civil fines imposed pursuant to KRS 342.990 for a violation of this subsection. In addition, if a person who violates the provisions of this subsection is also dependent upon a professional license to provide any service or benefit under this chapter, the commissioner shall refer the matter to the appropriate licensing body and recommend revocation of that person’s license to work at his or her profession in the Commonwealth of Kentucky.
If you or someone you care about has been charged with a workers compensation fraud charge in Kentucky, contact our reputable criminal defense lawyers or workers compensation fraud lawyers as soon as possible by calling 859-636-6803.
(7) The following civil penalties shall be applicable for violations of particular provisions of this chapter:
(c) Any person who violates KRS 342.020(12), 342.035(2), 342.040, 342.340, 342.400, 342.420, or 342.630 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. With respect to employers who fail to maintain workers’ compensation insurance coverage on their employees, each employee of the employer and each day of violation shall constitute a separate offense. With respect to KRS 342.040, any employer’s insurance carrier or other party responsible for the payment of workers’ compensation benefits shall be fined for failure to notify the commissioner of a failure to make payments when due if a report indicating the reason payment of income benefits did not commence within twenty-one (21) days of the date the employer was notified of an alleged work-related injury or disease is not filed with the commissioner within twenty-one (21) days of the date the employer received notice, and if the employee has not returned to work within that period of time. The date of notice indicated in the report filed with the department pursuant to KRS 342.038(1), shall raise a rebuttable presumption of the date on which the employer received notice;
(d) Any person who violates any of the provisions of KRS 342.165(2), 342.335, 342.395, 342.460, 342.465, or 342.470 shall be fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) for each offense. With respect to KRS 342.395, each required notice of rejection form executed by an employee or potential employee of an employer shall constitute a separate offense;
(f) Except as provided in paragraph (g) of this subsection, a person who violates any of the provisions of KRS 342.335(1) or (2) where the claim, compensation, benefit, or money referred to in KRS 342.335(1) or (2) is less than or equal to three hundred dollars ($300) shall be fined per occurrence not more than one thousand dollars ($1,000) per individual nor five thousand dollars ($5,000) per corporation, or twice the amount of gain received as a result of the violation, whichever is greater;
(g) Any person who violates any of the provisions of KRS 342.335(1) or (2) where the claim, compensation, benefit, or money referred to in KRS 342.335(1) or (2) exceeds three hundred dollars ($300) shall be fined per occurrence not more than five thousand dollars ($5,000) per individual nor ten thousand dollars ($10,000) per corporation, or twice the amount of gain received as a result of the violation, whichever is greater;
(9) The following criminal penalties shall be applicable for violations of particular provisions of this chapter:
(a) Any person who violates KRS 342.020(12), 342.035(2), 342.040, 342.400, 342.420, or 342.630, shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisoned for not less than thirty (30) days nor more than one hundred eighty (180) days, or both;
(b) Any person who violates any of the provisions of KRS 342.165(2), 342.335, 342.460, 342.465, or 342.470 shall, for each offense, be fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), or imprisoned for not less than thirty (30) days nor more than one hundred and eighty (180) days, or both;
If you or someone you care about has been charged with a workers compensation fraud charge in Kentucky, contact our reputable criminal defense lawyers or workers compensation fraud lawyers as soon as possible by calling 859-636-6803.
Penalties in Workers Compensation Fraud Cases
Penalties for white collar crimes could range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. For workers compensation fraud charges, depending on their seriousness, and whether the crime is classified as a misdemeanor or a felony is detailed in their individual statutes in Kentucky Revised Statutes.
Take workers compensation fraud offenses and allegations seriously and get professional legal representation in an expert local workers compensation fraud lawyer as soon as possible to see to your case.
Misdemeanor
In general, a misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best workers compensation fraud attorney you can get. A competent workers compensation fraud defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your workers compensation fraud defense lawyer at the earliest.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert workers compensation fraud defense attorneys with adept insights and resources are essential. It’s also good advice to hire workers compensation fraud lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced workers compensation fraud attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.
Federal
More than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white collar crimes. Federal white collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. Some of these offenses include, but are not limited to, money laundering, tax evasion, election law violations, embezzlement, and several types of fraud, like mortgage, bank, health care, mass marketing, securities, and commodities, and corporate fraud. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white -collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal workers compensation fraud lawyer if you are facing workers compensation fraud charges in Kentucky or anywhere else.
You need an experienced criminal defense lawyer that specializes in workers compensation fraud defense
All of our criminal workers compensation fraud attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of workers compensation fraud charges and workers compensation fraud defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to workers compensation fraud crimes, you need workers compensation fraud attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of the content in your case, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.
Free Consultation & Case Review from our experienced workers compensation fraud lawyers
At CIR Legal, our workers compensation fraud attorney’s workers compensation fraud defense services include offering free consultation and case review to potential clients or otherwise. Our workers compensation fraud attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation, be it pm or am.
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