Legal Question in Workers Comp in New York

No workers comp

I have an employee that was an injured during a period that my company didn't have worker's comp insurance. What is the extent of my liability? Can I file for bankruptcy to lessen the blow? Will workers comp start implementing outrageous fines if I lose at trial? If the employee has recurring medical issues can I continue to be sued if I don't settle? Thanks for your help!


Asked on 2/08/09, 6:43 pm

4 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: No workers comp

You are probably looking at $50 K plus in medical costs and liability plus thousands of dollars in fines from the workers comp board. My advice would be a) get ny workers comp insurance immediately (to stop the accrual of fines) and b) hire an attorney to settle this matter asap. The settlements have to be per wcl guidelines (so you will need a lawyer).

If interested in representation contact my office monday.

9142201088

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Answered on 2/08/09, 6:52 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: No workers comp

You are probably looking at $50 K plus in medical costs and liability plus thousands of dollars in fines from the workers comp board. My advice would be a) get ny workers comp insurance immediately (to stop the accrual of fines) and b) hire an attorney to settle this matter asap. The settlements have to be per wcl guidelines (so you will need a lawyer).

If interested in representation contact my office monday.

9142201088

Read more
Answered on 2/08/09, 7:10 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: No workers comp

BTW... Certain kinds of workers compensation settlements can actually stop the workers compensation board from imposing fines. That is why obtaining a wc lawyer is imperative.

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Answered on 2/08/09, 7:22 pm
Frank Cetero Cetero & Ghanayem

Re: No workers comp

If an employer does not have insurance an injured worker can either go through the workers comp board or sue. Injured workers have the right to an election of remedy. Usually, when an employer is uninsured, the uninsured empoloyers fund (UEF) will step in and act as the insurance company. Then the UEF will look to the uninsured employer to recover money. Two additional points. 1. Not having insurance in NY is a crime and you can be prosicuted. It happens more than you hear.... 2. WC judgements are not disharged though bankruptcy...which means that you are personally liable for the debt. If you hav a house, then they will lien it.

You need an experienced attorney to assist you. If you would like a free consult call me...631//539//9950 Frank Cetero Esq.

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Answered on 2/08/09, 7:58 pm


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