Running a business is tough. You have to make critical decisions everyday that affect the operations of the company and the lives of the people who work for you. Although you always try to make calls that are fair and just and in accordance with New York State law, mistakes happen. And there are times when the law seems to be on your side, but a judgment is made for the employee. This often happens in worker’s comp cases, and they can lead to a fine on your company.
Recently, the state government of New York has cracked down on businesses that violate state law regarding worker’s comp. If you receive a notice that you are in violation of the law, you must respond; and you must respond promptly. The worst thing you can do is to igonore it. The only result of not answering a letter from the state is a fine. They can come after your business assets and even hold you personally responsible for paying the money.
But before you do anything you should contact an attorney. You must call an attorney that specializes in worker’s comp fine cases. Once you begin correspondence with state authorities, anything that you say or put on paper can be used against you. It is essential that you not say anything that will damage your case.
If someone has taken an action against you, it is important to see it as a direct threat to your business. Without a skilled attorney the case could turn in the plaintiff’s favor, and this could lead to a money judgment against you. The latter is a legal judgment that is the final word and official decision on the action. A money judgment means that you are obligated to pay the claimant no matter what. In the enforcement of this judgment, the state can freeze your business accounts. It can also put a lien on your company’s assets, including real estate, goods, and equipment. Your credit report may also be adversely affected.
You need representation if you are to get a result that works in your favor. Paying off a worker’s comp penalty can put your business in serious peril. The lawyers at the firm of Villanueva & Sanchala have extensive expertise and experience in dealing with these kind of cases. They have obtained findings and made arguments that have saved companies thousands and hundreds of thousands of dollars. At times they have even been able to get a complete rescission of the judgment or a substantial reduction of the judgment.
Small businesses are especially vulnerable to these kinds of judgments. And your inability to pay may lead to further unpleasantness. It is not unheard of for small business owners to be sent threatening letters, emails, and phone calls. If you are dealing with an employee who is espeically disgruntled about the matter, they may hire an attorney who is overly aggressive. Some go beyond what is fair, reasonable, decent, and legal.
You do not have to put up with such behavior. The best move is to put it in the hands of a qualified attorney.
Even if you have received a judgment, and it is in favor of the claimant, the struggle is not over. The court may have issued a Stop Work order, which is costing you thousands of dollars per day. Calling an attorney, even at this late stage, can be beneficial.
In many instances, the claims made by a current or former employee do not comport with the facts. The court may not have seen all the evidence, and may not have heard a compelling enough argument in your favor. If you tried to settle a worker’s comp problem or your own or used an attorney with no previous experience in this line of law, you will get a second chance to more effectively put your case before a court of law by hiring Villanueva & Sanchala.
The lawyers from this firm can perform a thorough investigation of the matter. They can gather all of the facts, introduce witnesses if need be, and apply the relevant bits of law to get an outcome that is more balanced and equitable. Stop Work orders can be reversed and fines can be reduced and eliminated. In other words, an official judgment can be amended or rescinded if new evidence is brought to light.
Although you may be inclined to avoid the bother and expense of a lawyer when dealing with a worker’s comp case, it is better to engage the services of such a professional. You may want to do the right thing by the person or people involved, but you must have expert counsel to look after your interest and to ensure that you are not served with a heavy and unjust financial penalty.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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