Ohio Rev. Code » Chapter 2913
Ohio Revised Code

Ohio Rev. Code § 2913.48 (2026)

Workers' compensation fraud

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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
PDF:
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(A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:

(1) Receive workers' compensation benefits to which the person is not entitled;

(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Chapter 4121., 4123., 4127., or 4131. of the Revised Code or to secure workers' compensation benefits;

(3) Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from, the bureau of workers' compensation, or a self-insuring employer under Chapter 4121., 4123., 4127., or 4131. of the Revised Code;

(4) Enter into an agreement or conspiracy to defraud the bureau or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers' compensation benefits;

(5) Make or present or cause to be made or presented a false statement concerning manual codes, classification of employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers' compensation premium or assessment owed to the bureau by an employer;

(6) Alter, forge, or create a workers' compensation certificate to falsely show current or correct workers' compensation coverage;

(7) Fail to secure or maintain workers' compensation coverage as required by Chapter 4123. of the Revised Code with the intent to defraud the bureau of workers' compensation.

(B) Whoever violates this section is guilty of workers' compensation fraud. Except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, a violation of this section is a felony of the fifth degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is a felony of the fourth degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is one hundred fifty thousand dollars or more, a violation of this section is a felony of the third degree.

(C) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided in the Revised Code or any other section of law.

(D) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.

(E) As used in this section:

(1) "False" means wholly or partially untrue or deceptive.

(2) "Goods" includes, but is not limited to, medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers' compensation benefits.

(3) "Services" includes, but is not limited to, any service provided by any health care provider to a claimant for workers' compensation benefits and any and all services provided by the bureau as part of workers' compensation insurance coverage.

(4) "Claim" means any attempt to cause the bureau, an independent third party with whom the administrator or an employer contracts under section 4121.44 of the Revised Code, or a self-insuring employer to make payment or reimbursement for workers' compensation benefits.

(5) "Employment" means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.

(6) "Employer," "employee," and "self-insuring employer" have the same meanings as in section 4123.01 of the Revised Code.

(7) "Remuneration" includes, but is not limited to, wages, commissions, rebates, and any other reward or consideration.

(8) "Statement" includes, but is not limited to, any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, or bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer generated document.

(9) "Records" means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers' compensation requires pursuant to rule.

(10) "Workers' compensation benefits" means any compensation or benefits payable under Chapter 4121., 4123., 4127., or 4131. of the Revised Code.
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2002–2024 · leading case: State v. Douglas, 842 N.E.2d 1073 (Ohio Ct. App. 6th Dist. 2005).
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State v. Douglas, 842 N.E.2d 1073 (Ohio Ct. App. 6th Dist. 2005). · cites it 13× “*469 {¶ 2} Appellant was indicted for workers’ compensation fraud, a violation of R.C. 2913.48, as a felony of the fourth degree.”
Onderko v. Sierra Lobo, Inc. (Slip Opinion), 2016-Ohio-5027, 69 N.E.3d 679. · cites it 2× “There is no indication here that Onderko was investigated or charged with workers’ compensation fraud. In fact, the record is clear that this employee was discouraged by his employer from even applying for benefits in the first place, with the dismissive statement by his…”
State v. Andrews, 772 N.E.2d 167 (Ohio Ct. App. 10th Dist. 2002). · cites it 2× “{¶ 2} On December 21, 2000, appellee was indicted by a grand jury for two counts of workers’ compensation fraud pursuant to R.C. 2913.48. The indictment alleged: {¶ 3} “[0]n or about January 12, 1996 to on or about June 30, 1996, [appellee] in Franklin County, Ohio, with purpose…”
In re A.R.H., 2019-Ohio-1325. “31, a felony of the fifth degree, and workers' compensation fraud, in violation of R.C. 2913.48, a misdemeanor of the first degree.”
Nalluri v. Ohio Bur. of Workers' Comp., 2021-Ohio-4625, 183 N.E.3d 553. · cites it 4× “On March 15, 2012, appellant was indicted by a Franklin County Grand Jury of two counts of workers' compensation fraud in violation of R.C. 2913.48, felonies of the fifth degree; and two counts of tampering with records in violation of R.”
Disciplinary Couns. v. Fitz, 2022-Ohio-3108, 205 N.E.3d 479. “On December 20, 2019, we suspended Fitz’s license on an interim basis after receiving notice that he had been convicted of workers’ compensation fraud in violation of R.C. 2913.48(A)(7), a fourth-degree felony.”
Ohio Bur. of Workers' Comp. v. Price, 2023-Ohio-4395, 230 N.E.3d 1248. “) {¶ 3} On September 17, 2015, a Franklin County Grand Jury returned a criminal indictment against Price for workers’ compensation fraud in violation of R.C. 2913.48, a felony of the fourth degree (Count One), and theft in violation of R.”
State v. Diebert, 2014-Ohio-5588. · cites it 7× “The statute under which Appellant is charged, R.C. 2913.48, is void for vagueness under Article I, Sections 1 and 16 the Ohio Constitution and the Fourteenth Amendment of United States Constitution II.”
State v. Doerschuk, 2021-Ohio-3686, 178 N.E.3d 1026. · cites it 4× “{¶ 18} R.C. 2913.48 defines workers' compensation fraud and states that "[n]o person, with purpose to defraud or knowing that the person is facilitating a fraud, shall * * * [r]eceive workers' compensation benefits to which the person is not entitled [or] [m]ake or present or…”
State v. Fletcher, 2017-Ohio-9207. · cites it 3× “11(A), a felony of the third degree [Count I];3 one count of workers’ compensation fraud pursuant to R.C. 2913.48(A)(1), a felony of the fourth degree [Count II]; one count of workers’ compensation fraud pursuant to R.”
State v. Scaggs, 2014-Ohio-5592. · cites it 5× “48(A)(5) states that “[n]o person, with purpose to defraud or knowing that the person is facilitating a fraud shall * * * [m]ake or present or cause to be made or presented a false statement concerning * * * payroll, paid compensation, or number of personnel, when information of…”
McCloud v. Duffy, 2018-Ohio-3730. · cites it 2× “{¶19} The amended complaint states seven causes of action: two counts of workers’ compensation fraud in violation of R.C. 2913.48; evidence that victim lacked capacity to give consent in violation of R.”
Show all 14 citing cases →
Ohio Rev. Code § 2913.48(A)(1): 3 cases
State v. Douglas, 842 N.E.2d 1073 (Ohio Ct. App. 6th Dist. 2005). “*469 {¶ 2} Appellant was indicted for workers’ compensation fraud, a violation of R.C. 2913.48, as a felony of the fourth degree.”
State v. Fletcher, 2017-Ohio-9207. “11(A), a felony of the third degree [Count I];3 one count of workers’ compensation fraud pursuant to R.C. 2913.48(A)(1), a felony of the fourth degree [Count II]; one count of workers’ compensation fraud pursuant to R.”
State v. Doerschuk, 2021-Ohio-3686, 178 N.E.3d 1026. “{¶ 18} R.C. 2913.48 defines workers' compensation fraud and states that "[n]o person, with purpose to defraud or knowing that the person is facilitating a fraud, shall * * * [r]eceive workers' compensation benefits to which the person is not entitled [or] [m]ake or present or…”
Ohio Rev. Code § 2913.48(A)(2): 2 cases
State v. Douglas, 842 N.E.2d 1073 (Ohio Ct. App. 6th Dist. 2005). “*469 {¶ 2} Appellant was indicted for workers’ compensation fraud, a violation of R.C. 2913.48, as a felony of the fourth degree.”
State v. Fletcher, 2017-Ohio-9207. “11(A), a felony of the third degree [Count I];3 one count of workers’ compensation fraud pursuant to R.C. 2913.48(A)(1), a felony of the fourth degree [Count II]; one count of workers’ compensation fraud pursuant to R.”
Ohio Rev. Code § 2913.48(A)(5): 2 cases
State v. Diebert, 2014-Ohio-5588. “The statute under which Appellant is charged, R.C. 2913.48, is void for vagueness under Article I, Sections 1 and 16 the Ohio Constitution and the Fourteenth Amendment of United States Constitution II.”
State v. Scaggs, 2014-Ohio-5592. “48(A)(5) states that “[n]o person, with purpose to defraud or knowing that the person is facilitating a fraud shall * * * [m]ake or present or cause to be made or presented a false statement concerning * * * payroll, paid compensation, or number of personnel, when information of…”
Ohio Rev. Code § 2913.48(A)(7): 1 case
Disciplinary Couns. v. Fitz, 2022-Ohio-3108, 205 N.E.3d 479. “On December 20, 2019, we suspended Fitz’s license on an interim basis after receiving notice that he had been convicted of workers’ compensation fraud in violation of R.C. 2913.48(A)(7), a fourth-degree felony.”
Ohio Rev. Code § 2913.48(B): 2 cases
State v. Scaggs, 2014-Ohio-5592. “48(A)(5) states that “[n]o person, with purpose to defraud or knowing that the person is facilitating a fraud shall * * * [m]ake or present or cause to be made or presented a false statement concerning * * * payroll, paid compensation, or number of personnel, when information of…”
State v. Diebert, 2014-Ohio-5588. “The statute under which Appellant is charged, R.C. 2913.48, is void for vagueness under Article I, Sections 1 and 16 the Ohio Constitution and the Fourteenth Amendment of United States Constitution II.”
Ohio Rev. Code § 2913.48(D): 1 case
McCloud v. Duffy, 2018-Ohio-3730. “{¶19} The amended complaint states seven causes of action: two counts of workers’ compensation fraud in violation of R.C. 2913.48; evidence that victim lacked capacity to give consent in violation of R.”
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