Representing Businesses Not Covered By Workers’ Compensation Insurance

New York state law requires nearly all employers to participate in the workers’ compensation system. An uninsured business is exposed to:

• Direct lawsuits by an injured employee
• Non-compliance penalties levied by the Workers’ Compensation Board
• Stop-work orders until compliance is achieved
• Possible criminal sanctions
• Civil liability of the owners, partners or officers

The law firm of Walsh and Hacker defends uninsured employers against work injury claims, tries to mitigate penalties levied by the Workers’ Compensation Board (WCB), and helps employers come into compliance.

We serve employers, municipalities and insurers throughout the state of New York. Our attorneys also represent out-of-state companies doing business in New York. Contact us today at (518) 463-1269 for aggressive representation, as well as risk management counsel.

Workers’ Compensation Requirements

All employers, including small businesses, must obtain workers’ comp coverage through an insurance carrier, or obtain approval from the WCB to be self-insured. Exceptions are a sole proprietorship or partnerships with no paid employees or unpaid volunteers.

As of September 2007, any out-of-state employer with employees in New York must carry full workers’ compensation coverage. Walsh and Hacker has represented numerous companies and businesses with offices and business in New York.

The penalty for non-compliance is $1,000 per 10-day period without coverage. Our experienced lawyers make every effort to minimize these penalties, which can easily reach $65,000 or $75,000. We work with the WCB’s Bureau of Compliance to show that our client believed it was compliant (as opposed to intentionally skirting the law), or had taken steps toward compliance.

Defending Injury Claims

An injured employee has two options against an uninsured employer:

• Sue the employer directly. We will aggressively defend your position in state court.
• File a claim through the Uninsured Employers Fund. Employees are entitled to medical coverage, disability pay and all normal remedies of workers’ compensation. Employers can contest these claims just as if they were properly insured. Walsh and Hacker represents clients in WCB hearings and all appeals.

Uninsured employers are at a distinct disadvantage – the costs of the claim (if the employee prevails), the costs of defending it and any penalties assessed all come off your bottom line. It is critical to have knowledgeable, proven legal counsel. Walsh and Hacker has practiced in workers’ compensation defense for 40 years.

We Can Help You Move Swiftly To Resolve This Issue

Reach our office online or over the phone to discuss your potential exposure and strategies to limit the damage.