Attorneys Defending Uninsured New York Businesses In Workers’ Compensation Claims
Employers that do not carry workers’ compensation insurance face immediate financial and legal jeopardy if an employee has an injury. If you face a claim without insurance, you need a workers’ compensation attorney who understands how to protect your interests. At Klee Woolf Goldman & Filpi, LLP, we offer personalized and creative defense for uninsured businesses facing complex workers’ compensation issues.
We understand that administrative errors or financial hurdles can lead to a lapse in coverage. We have served the Mineola area and the broader tri-state region since 2000. We offer services in 17 languages to ensure clear communication during your defense.
Challenges Facing Uninsured Employers After A Workplace Injury
When a worker has an accident or injury and you lack coverage, the state takes aggressive action. You are no longer grappling with just a medical bill; you are facing a state-level enforcement action. The Bureau of Compliance monitors every business to ensure they follow the law. If they discover a lapse, the consequences escalate quickly. They may include:
- An inquiry demanding proof of insurance
- A stop-work order that shuts down business operations
- Debarment from public works contracts
- Civil penalties for every day you remain uninsured
- Personal liability for corporate officers
We help you address these issues by reviewing your employment records and insurance history. Our workers’ compensation attorneys work to resolve outstanding penalties and prevent future lapses. We aim to keep your doors open while managing the fallout of an uncovered claim.
How Can We Defend Uninsured Employers Against Employee Lawsuits?
Normally, workers’ compensation insurance protects you from civil lawsuits. This is known as the exclusive remedy. If you are uninsured, you lose this protection. An injured worker can sue you directly for their medical costs and pain. Our team acts as your shield. We analyze whether the party was actually an employee or if they qualify as an independent contractor.
Under Workers’ Compensation Law Section 52, the failure to secure insurance is a serious matter. However, you still have rights. We examine the details of the accident to see if it truly happened during the course of employment. Our workers’ compensation lawyers look for defenses such as the horseplay defense or the intoxication defense. If the worker was acting outside of their duties or was under the influence, you may not be liable for the claim.
What Are The Penalties For Not Having Workers’ Compensation Insurance Under New York Law?
In New York, failing to provide coverage for five or fewer employees within a 12-month period is a misdemeanor. If you have more than five employees, the state can charge you with a Class E felony. These criminal sanctions carry the threat of jail time. Additionally, Workers’ Compensation Law Section 26-a outlines that you may have to pay into the Aggregate Trust Fund to cover the long-term cost of a claim. The state may also demand medical benefit reimbursement for every dollar spent on the worker’s care. In some cases, you might face double indemnity payments if the worker was a minor employed illegally.
What Is The Uninsured Employers’ Fund (UEF) And Why Am I Being Sued By Them?
The Uninsured Employers’ Fund (UEF) is a state resource that pays benefits to workers when their employer fails to do so. If the UEF pays your injured worker, they will come after you for every penny. They act as a collection agency with the full power of the New York government. When you receive a notice from the UEF, you must act fast. We work to challenge the accuracy of their calculations and prevent you from paying a cent more than necessary. Dealing with the New York Workers’ Compensation Board requires a firm hand and a deep understanding of their internal processes.
Can I Challenge An Employee’s Injury Claim If I Am Not Insured?
Being uninsured does not mean the worker has a blank check. You have the right to contest a claim even if you are currently facing a workers’ compensation board penalty. Our team provides the assertive defense you need to stay afloat. We investigate the validity of the injury, check medical records for preexisting conditions, and look at prime contractor liability to see if a third party should be responsible for the coverage.
Protect Your Business With Our Mineola Workers’ Compensation Attorneys
Klee Woolf Goldman & Filpi, LLP, will advise you in state inquiries and defend you against costly claims. Call our law office at 516-294-5775, 718-229-9002, 518-487-4077 or use our email form to schedule a consultation. We offer free consultations and work on a contingency fee basis.