Utah Workers' Compensation Fraud Attorney

There is nothing worse than being injured. Except for being injured on the job and being accused of a fraudulent workers’ compensation claim. Have you been accused of workers’ compensation fraud in the state of Utah? Let Weber Law help you get the benefits you are entitled to!

WHO IS ELIGIBLE FOR WORKERS’ COMPENSATION?

Each person, including public utility employers and independent contractors, who regularly employs one or more workers, or operatives in the same business is considered an employer in the state of Utah and unless given exemption, must secure the payment of workers’ compensation benefits for its employee.

WHAT IS WORKERS’ COMPENSATION INSURANCE FRAUD?

Under Utah Code § 34A-2-110, a person is guilty of workers’ compensation fraud if that person knowingly avoids paying a premium for an employee, deprive an employee of workers’ compensation, claiming a false accident or fraudulent representation of a workers’ compensation claim. An employer or an employee can be charged with workers’ compensation fraud. 

An employer can claim an employee does not fall under the workers’ compensation act, or even deprive the employee of coverage by just not carrying it with their insurance company. An employer could also classify a job as something that is safer than it really is, for instance saying a mine worker is actually an administrative assistant.

An employee can make false statements regarding an injury that might not have happened at work or by receiving a minor injury at work but claiming it was a very serious injury. Other times an employee might try to get workers’ compensation coverage for an injury that happened at a different workplace, or months before the actual claim was filed.

WHAT IS THE PENALTY?

The the crime of workers’ compensation insurance fraud is serious and has very serious penalties including jail time and hefty fines. Workers’ compensation fraud in the State of Utah has three different categories of penalties. It is considered a class A misdemeanor if, the value of the claim is less than one thousand dollars. It is considered a third degree felony if, the value of the claim is equal to or greater than one thousand dollars. If the claim is equal to or greater than five thousand dollars, it is considered a second degree felony.

In the state of Utah, a class A misdemeanor is punishable by imprisonment for up to 1 year and a fine of up to two thousand five hundred dollars. A third degree felony is punishable by a fine of up to five thousand dollars and imprisonment for up to five years. A second degree felony is punishable by a fine of up to ten thousand dollars and imprisonment for up to fifteen years.

WHAT CAN I DO IF I HAVE BEEN CHARGED WITH WORKERS’ COMPENSATION FRAUD?

Obtaining workers’ compensation and submitting a workers’ compensation claim can be a very complicated process. An employer might not have realized they did anything wrong, or an employee might have thought they were doing what their employer wanted. There are different ways to fight this charge. It is important to remember that there are people on your side who want to help you.

HOW CAN WEBER LAW HELP YOU?

The possibility of facing jail time for a simple misunderstanding or clerical error can be a very scary situation to be in. It is important to have an experienced lawyer by your side who can walk you through the process. The last thing a person who is being charged with a crime needs is another mishap that could potentially put them in jail. Let Weber Law’s team of experienced lawyers fight for you. Weber Law will work to get your charges dropped or dismissed by looking at your entire workers’ compensation case, looking for reasons as to why you are being charged, and fighting for you in court if need be. Do not go through the process alone, workers’ compensation is complicated and confusing, but it does not have to be. If you or someone you know has been charged with workers’ compensation insurance fraud in the state of Utah, contact Weber Law today for a consultation. 

• Utah Code § 34A-2-110, Workers’ Compensation insurance fraud – Elements – Penalties – Notice
• Utah Code § 34A-2-103, Employers enumerated and defined – Regularly employed – Statutory Employers — Exceptions
• Utah Code § 34A-2-104, General Provisions
• Utah Code § 34A-2-201, Employers to secure worker’s compensation benefits for employees—methods
• Utah Code § 76-3-204, Misdemeanor conviction – terms of imprisonment
• Utah Code § 76-3-301, Fines of individuals
• Utah Code § 76-3-203, Felony conviction – Indeterminate term of imprisonment