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

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?

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Attorney answers 5

Posted

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 recommend you meet with an attorney.

Posted

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, nor does it create, an attorney-client relationship between Orin Kurtz and/or Gardy & Notis, LLP and any reader of the answer. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

Posted

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 for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.

Asker

Posted

Thank you for advice. I understand that each case is different however, How much do you need to remove this penalty? I own only $200 for workers comp. hard to accept 100X more amount for penalty. What is the best case scenario and worst case scenario?

Alan Stuart Katkin

Alan Stuart Katkin

Posted

The penalty is based on $2,000.00 for every 10 days of non-compliance ( depending on the dates) and continues to accrue until you are either in compliance meaning you have a workers' compensation policy or you show that you no longer need coverage (for example, you are out of business or you no longer have any employees I'm NY). The Board will not consider your request to rescind or reduce the penalty until these conditions are met. Also, keep in mind that even if you have a corporation, The president, treasurer and secretary are personally liable for the penalties along with the company. I do not have all of the facts and information and cannot say how much the Board would settle for in your particular case.. I can say I have had many cases where I have gotten the penalty reduced to 10% or 5% of the amount demanded and some even less. The cost to you to resolve this would be the amount of the final penalty that is negotiated and the attorney's fee for representing you. Of course, past results are no guarantee of the outcome in your case. If you would like to discuss this further, you can give me a call at 718-987-5500. Good luck. Alan Sent from my Verizon Wireless 4G LTE DROID

Posted

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.

Posted

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 relationship.

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