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Appealing a fine for not having workers comp insurance?
10-06-2010, 02:33 PM
Post: #1
Question Appealing a fine for not having workers comp insurance?
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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10-09-2010, 06:09 PM (This post was last modified: 10-09-2010 06:10 PM by 1171.)
Post: #2
RE: Appealing a fine for not having workers comp insurance?
compliance regs
http://www.wcb.state.ny.us/content/main/...efinitions
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10-11-2010, 11:53 AM
Post: #3
RE: Appealing a fine for not having workers comp insurance?
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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10-05-2012, 12:07 PM
Post: #4
RE: Appealing a fine for not having workers comp insurance?
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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10-27-2012, 10:17 PM (This post was last modified: 10-27-2012 10:22 PM by LostInNY.)
Post: #5
RE: Appealing a fine for not having workers comp insurance?
(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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