I got notice of penalty from workers compensation Board ,NY state .They asking $30,000 penalty. Should I look for attorneys?

Asked 12 months ago - New York, NY

I got phone call form negotiator today he said that I can help reduce penalty. His fee is 20% of reduced amount. should I work with him or better work with attorneys on this case?
Ether way We will got settlement for around $10 ~ 20 K I guess. What is your opinion?

Attorney answers (5)

  1. Orin R. Kurtz

    Pro

    Contributor Level 7

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    Answered . Speak to an attorney. Do not speak to that "negotiator." Something doesn't sound quite right about him and the way he contacted you raises my suspicion level. I would need to know more facts, and see this person's website or do some research on him before I can tell you more. A good attorney will be able to give you a clear understanding on your rights with the worker's comp board and advise you on the right course of action.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  2. Joseph Caraccio

    Contributor Level 12

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    Answered . That is not a legal question but an opinion. It depends on how much you think it is worth.

    This response does not constitute legal advice or the establishment of an attorney-client relationship. I... more
  3. Alan Stuart Katkin

    Contributor Level 13

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    Answered . I don't know who this person is or how he got a hold of you, but generally in order to represent someone before the Workers' Compensation Board, the individual must be either a licensed attorney in this state or a licensed representative authorized by the Board to appear before it. There are a number of attorneys who are very experienced in handling these penalty claims. For instance, I have handled many of these over the last 30 years. Attorneys will usually charge you either an hourly rate or a flat fee to represent you in such cases. 20% of the reduction seems high as it could conceivably amount to more than the settlement amount. I have settled a number of these claims for 10% or even less of the amount of the penalty claimed initially. Of course, each case is different and depends on the facts. Good luck.

    Sent from my Verizon Wireless 4G LTE DROID

    This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided... more
  4. Leonard Bernard Feld

    Contributor Level 13

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    Answered . Dear Madam or Sir:

    It sounds as if you were an uninsured Employer for workers' compensation and a State investigator found you had employees, either with or without someone claiming to have been injured at your place. The other answers given by the other attorneys do not make this assumption.

    There is a way to get such a penalty reduced but you must contact the Board of Redeterminations in Albany. Find out details of the problem and you will have to prepare and submit an Affidavit with all documentary support within 30 days.

    Good Luck

    Leonard Feld

    The foregoing is based on the little information provided; additional facts may change the comments given.
  5. Robert V Cornish Jr.

    Contributor Level 16

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    Answered . Whatever you do, do not provide your personal information to this "negotiator." In some of these scams, someone will ask for a power of attorney after they've hooked you, which will enable them to do things you probably don't need to be dealing with. Contact an attorney to discuss this matter.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client... more

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