Should I appeal the Workers’ Compensation Penalty issued against my business?
Probably. The goals of the New York State Workers’ Compensation Board’s Compliance Unit are to ensure:
a) injured workers are properly compensated for the lost earnings and medical expenses caused by their work-related injuries and
b) employers are in compliance with WCL Section 50, which mandates WC coverage.
The Board knows that honest mistakes are made in lapses in coverage or the classification of workers. Call me at 917.749.1631 to see if you have grounds to appeal.
Do I need a lawyer?
Probably. If you are relying on non-lawyers and the Internet to guide you through the legal process, I recommend that you consult an attorney or one of the many legal clinics at local bar associations and law schools. For more guidance on this decision, see the below blog posts:
- Frequently-Asked Questions about NYS Workers’ Compensation
- Five Issues the NYS WCB Doesn’t Care About in the Claim Against You
- Three Considerations When Seeking a Workers’ Compensation Attorney
Representative penalty negotiations
- Attained reduction of penalties against film producers, publishers, and other creative professionals who mistakenly believed their sole proprietors and freelancers were independent contractors
- Defended many domestic employers who mistakenly believed their homeowners’ insurance policies covered injuries to live-in housekeepers, nannies, and elderly companions
- Achieved rescission or reduction of penalties against business owners who forgot to cover non-owner family members after age 18 and out-of-state businesses unfamiliar with New York State (“NYS”) coverage requirements
- Accomplished closure of all penalties against businesses that failed to file appropriate forms notifying the Board they had ceased operations
Have you been served with a penalty notice from a NYS agency?
Are you an employer that is unsure if you’ve been properly classifying workers?
Nance L. Schick, Esq. is an attorney, mediator, and conflict resolution coach based in New York City. Her goal is to keep people out of court and build their conflict resolution skills. Among the conflicts she resolves are penalties for misclassifying workers and not providing them disability, Paid Family Leave, unemployment, and workers’ compensation insurance. Her holistic, integrative approach draws from her experience as a business owner, employer, human resources supervisor, minor league sports agent, and workers’ compensation defense attorney.