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Aug 7, 2018

New York Workers’ Compensation Board Penalty and NYS Department of Labor Unemployment Insurance Penalty

New York is one of the most prosperous states in the country. Unfortunately, all of the excess wealth that the state enjoys has allowed its government to continually expand, instituting heavy-handed laws that stifle small business and economically imperil its citizens. There’s no better example of how the state’s unparalleled levels of wealth have led to bureaucratic creep than in the area of labor law.

Each year, thousands of innocent New Yorkers get caught up in the state’s fatal web of labor laws. Nowhere is this truer than in the area of workers’ compensation where even people hiring babysitters can be bound by law to carry workers’ compensation insurance. If you are being targeted by the Workers’ Compensation Board in the state of New York, you need to get in touch with experienced and skilled legal counsel as soon as possible.

Our lawyers have decades of collective experience advocating on behalf of our clients in the area of workers’ compensation law. We know the process inside and out and have saved clients millions of dollars in fines, penalties and judgments. We have the experience to help you prevail and find a satisfactory resolution to your Workers’ Compensation Law case.

If you hire anyone for any reason, you are probably an employer under New York law

New York has some of the most draconian workers’ compensation laws of any state in the country. People who innocently hire a babysitter for a few nights or contract with a local handyman often don’t realize that, as far as the law is concerned, they have just become an employer in the same sense as IBM or Shell Oil. At that point, the employer is bound by law to carry the minimum required amount of workers’ compensation insurance by an approved carrier.

Failure to comply with the Workers’ Compensation Law and the minimum insurance requirements can result in fines of up to $2,000 per week. In our practice, we have actually seen people being assessed fines at this outrageous rate. Although competent attorneys can almost always get these penalties stayed and reduced, failure to react in time can result in disastrous amounts of fines being levied against you. And the collections procedures that the state has available to it include direct garnishment of wages and bank accounts as well as the ability to attach liens to real property, up to and including the right of foreclosure. This is not a situation that anyone wants to be in.

But as bad as the wealth-annihilating penalties are, by far, the worst risk run by people who are non-compliant with the minimum insurance requirement is the potential liability created by having an uninsured employee. Should an employee end up seriously injuring themselves while on a job where you are the employer, you could end up being liable for lifetime wages and medical costs. While this sounds almost too shocking to be true, our practice has seen instances of small business owners who ended up being saddled with multi-million-dollar judgments, forcing the closure of the business. Such judgments almost invariably result in bankruptcy. It is far better to avoid all of this in the first place.

An experienced legal team can help

Our law firm has seen it all when it comes to Workers’ Compensation Law disputes. We have successfully helped clients on everything from settling Article 32 arbitration hearings to getting cases outright dismissed from the Workers’ Compensation Board. We know the system and the players involved. And we are absolutely committed to negotiating a satisfactory resolution on behalf of our clients that allows everyone to walk away financially intact.

Fines and penalties can almost always be negotiated down. This is particularly true in cases where our client was legitimately unaware of the law. And even when it looks like the plaintiff or the Board has an ironclad case against our client, we can still help to come to a satisfactory resolution to the case. Through such mechanisms as stipulation agreements, we can see to it that our client is not bankrupted and that any party who was legitimately wronged received some form of compensation. The best deals are always the ones where everyone walks away with something that they want.

But the truth is that worker’s compensation cases tend to be highly complex. There are almost always questions of law that arise. And those questions can be used to raise serious doubt and help weaken the plaintiff’s case. Our law firm ranks among the most experienced in the state when it comes to handling workers’ compensation cases. We can use that experience to spot weaknesses in the opponent’s case that others may not be able to see. And these are the little differences that can win cases.

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85 Broad Street, 30th Floor
New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335