Fraud: Workers' Compensation Fraud
Miami Workers' Compensation Fraud Lawyers
The criminal defense lawyers at DMT have defended dozens of workers' compensation cases in Miami and the South Florida area. Workers' compensation fraud can be committed by employers and employees alike. All private employers are required to obtain insurance through the State of Florida if their business employee four or more employees. The exception to this rule is the construction industry, which requires employers to obtain insurance for every employee even if it is less than four. Employers are frequently charged for committing workers' compensation fraud for failing to carry workers' compensation insurance in conformity with Florida Law. Employees can also be charged with committing workers' compensation fraud. Employees are usually charged for committing fraud under the following circumstances:
- Applying for and receiving workers' compensation benefits for non-existing injury fake injury)
- Applying for and receiving workers' compensation benefits for injuries sustained outside of work
- Exaggerating the nature and seriousness of the injury
- Receiving workers compensation benefits for the same injury from different employers
If you or a loved one is being investigated by the Department of Insurance for workers' compensation fraud or being prosecuted by the Miami-Dade or any other State Attorney's Office contact the law firm of DMT and speak with the lawyers that have defended numerous Miami workers' compensation fraud cases.
The punishment for committing worker's compensation fraud depends on the monetary loss suffered by the State of Florida. If the monetary value of the loss to the Department of Insurance is:
- Less than $20,000 3rd Degree Felony (max. 5 years)
- More than $20,000, but less than $100,000 2nd Degree Felony (max 15 years)
- More than $100,000 1st Degree Felony (max 30 years)
The Miami-Dade County State Attorney's Office has decided to wage another war against fraud in the community. The office has recently ramped up efforts to investigate and prosecute Miami workers' compensation fraud. The State Attorney's Office created a pilot program which not only investigates and prosecutes employees faking injury, but also businesses that violate state law by failing to pay the required insurance premiums.
Before staged accidents/insurance fraud cases became popular in Miami, first time offenders were generally looking at pre-trial diversion. Now, only cooperating witnesses involved in staged accidents will be permitted to enroll in the program. Workers' compensation cases will probably be handled in the same way, as the same section in the Miami-Dade State Attorney's Office and the Department of Insurance handle all insurance fraud cases. Another point that needs to be understood is that the Department of Insurance Fraud has recently been unforgiving in the handling of fraud cases. They know that if cases are prosecuted to the fullest, they may lose state funding. If you are contacted regarding a Miami workers' compensation fraud investigation, contact an experienced Miami criminal lawyer before speaking to law enforcement investigators.
If you are under investigation for, or have been arrested and charged with workers' compensation fraud, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 396-3982 or reach us by completing the form on our contact
page or by sending an e-mail