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Appealing a fine for not having workers comp insurance?
#1
Question 
We hired a Nanny, but forgot to get a workers’ compensation insurance policy. Three months later (last Friday) we received a Notice of Penalty from the State of New York Workers' Compensation Board Bureau of Compliance. The notice says we need to get insurance (which we have) and pay an $18,000 fine. The notice also states that there is an appeals process that may entitle us to a "offer of reduction" on the penalty, even if the penalty is valid.

We are searching for a lawyer to help us navigate this process, but any insights would be greatly appreciated.
 
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#2
compliance regs
http://www.wcb.state.ny.us/content/main/...efinitions
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
We partner with a national workers' comp defense network, and their New York members are Hamberger & Weiss. They should be able to help you out.
http://www.hambergerandweiss.com/
 
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#4
Hi Giebel10, what was the outcome of your situation, I got the penalty letter yesterday and I don't know what to do. Was completely unaware I had to get these (even when my employee is part-time and works from her own home)...

How is it possible that, in this time and age, they do not try to reach out to the owner of the company by phone to inform them that they have to get this workers compensation. A simple phone call from this government agency would (very likely) avoid putting people in our situation.

 
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#5
(10-05-2012, 12:07 PM)macutan Wrote: Hi Giebel10, what was the outcome of your situation, I got the penalty letter yesterday and I don't know what to do. Was completely unaware I had to get these (even when my employee is part-time and works from her own home)...

How is it possible that, in this time and age, they do not try to reach out to the owner of the company by phone to inform them that they have to get this workers compensation. A simple phone call from this government agency would (very likely) avoid putting people in our situation.


I am also in a similar situation. Hired a nanny and went through NYSIF. My mistake was I thought I was signing up for workers comp and disability but I only signed up for disability. Had no idea until I got the letter from the board. Now I have a 10k fine. Working with a lawyer and have submitted an appeal. Know waiting to hear back.

And I agree. Why cant they send out a notice of warning or something. My argument to that is that it is our responsibility to understand what we need to do. I feel that the penalty is way beyond anything that I would consider fair.
 
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#6
(10-05-2012, 12:07 PM)macutan Wrote: Hi Giebel10, what was the outcome of your situation, I got the penalty letter yesterday and I don't know what to do. Was completely unaware I had to get these (even when my employee is part-time and works from her own home)...

How is it possible that, in this time and age, they do not try to reach out to the owner of the company by phone to inform them that they have to get this workers compensation. A simple phone call from this government agency would (very likely) avoid putting people in our situation.

Hi, Macutan. We are in the same situation, now waiting to receive the notice of penalty. What was your outcome? Did you use attorney? I appreciate your info, thanks!
 
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#7
(12-18-2014, 04:19 PM)benio Wrote:
(10-05-2012, 12:07 PM)macutan Wrote: Hi Giebel10, what was the outcome of your situation, I got the penalty letter yesterday and I don't know what to do. Was completely unaware I had to get these (even when my employee is part-time and works from her own home)...

How is it possible that, in this time and age, they do not try to reach out to the owner of the company by phone to inform them that they have to get this workers compensation. A simple phone call from this government agency would (very likely) avoid putting people in our situation.

Hi, Macutan. We are in the same situation, now waiting to receive the notice of penalty. What was your outcome? Did you use attorney? I appreciate your info, thanks!

Hi Benio or anybody willing to respond. I am in the same situation. How did it work out for you and did you use a lawyer?
 
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#8
(10-06-2010, 02:33 PM)giebel10 Wrote: We hired a Nanny, but forgot to get a workers’ compensation insurance policy. Three months later (last Friday) we received a Notice of Penalty from the State of New York Workers' Compensation Board Bureau of Compliance. The notice says we need to get insurance (which we have) and pay an $18,000 fine. The notice also states that there is an appeals process that may entitle us to a "offer of reduction" on the penalty, even if the penalty is valid.

We are searching for a lawyer to help us navigate this process, but any insights would be greatly appreciated.

We had a very similar situation. Hired a nanny, had no idea about WCB or anything. We discovered we were liable on our own, ie without a claim or contact from WCB, so we got in touch with them and let them know we wanted to square it up. Received a judgement of ~$18,000. This was very stressful, but when I called to talk with them I explained our situation, how we were the ones who self-reported, how we are not a business, just normal people trying to understand and comply with the law. This was enough to get our penalty reduced to $625. It might be different depending on your situation, but I recommend calling them and explaining your situation. I was specifically asking for advice for the letter of appeal.

Prior to this I was looking at lawyers who were a minimum of $1500, plus whatever the penalty would have been.

Good luck to anyone who finds this page!
 
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#9
In the U S homeowners insurance will generally cover incidental employment situations. It’s incumbent on Employees to request verification of comp coverage, when dealing with individuals in more formal employment situations.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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