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Statutes > Texas > Labor-code > Title-5-workers-compensation > Chapter-418-criminal-penalties

LABOR CODE

TITLE 5. WORKERS’ COMPENSATION

SUBTITLE A. TEXAS WORKERS’ COMPENSATION ACT

CHAPTER 418. CRIMINAL PENALTIES

Sec. 418.001. PENALTY FOR FRAUDULENTLY OBTAINING OR DENYING

BENEFITS. (a) A person commits an offense if the person, with

the intent to obtain or deny payment of benefits, including

medical benefits, under this subtitle or Subtitle C, for himself

or another, knowingly or intentionally:

(1) makes a false or misleading statement;

(2) misrepresents or conceals a material fact; or

(3) fabricates, alters, conceals, or destroys a document other

than a governmental record.

(b) An offense under Subsection (a) is:

(1) a Class A misdemeanor if the value of the benefits is less

than $1,500; and

(2) a state jail felony if the value of the benefits is $1,500

or more.

Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.47, eff. Sept. 1,

1995.

Sec. 418.002. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS’

COMPENSATION INSURANCE COVERAGE. (a) A person commits an

offense if the person, with the intent to obtain workers’

compensation insurance coverage under the workers’ compensation

insurance laws of this state or to avoid payment of premiums due

for that coverage, for himself or another, knowingly or

intentionally:

(1) makes a false statement;

(2) misrepresents or conceals a material fact; or

(3) makes a false entry in, fabricates, alters, conceals, or

destroys a document other than a governmental record.

(b) An offense under Subsection (a) is:

(1) a Class A misdemeanor if the amount of premium avoided is

less than $1,500; and

(2) a state jail felony if the amount of the premium avoided is

$1,500 or more.

(c) The court may order a person to pay restitution to an

insurance company, including the Texas Mutual Insurance Company,

if the person commits an offense under this section.

Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.47, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1195, Sec. 2.12, eff.

Sept. 1, 2001.

Sec. 418.003. ELECTION OF PROSECUTION. A person who commits an

offense under this chapter may be prosecuted under this chapter

or any other law of this state under which the person may be

prosecuted.

Added by Acts 2007, 80th Leg., R.S., Ch.

429, Sec. 1, eff. June 15, 2007.