New York Workers' Compensation Lawyers for Employers
As employers look for ways to cut costs and remain competitive, many avail themselves of the services of independent contractors for high-quality work without costly benefits management. Without the appropriate personnel policies and controls in place, however, many employers find themselves unexpectedly liable for workers' compensation coverage.
In order to avoid unexpected workers' compensation liability when independent contractors are reclassified as employees, it is essential to understand how the law defines what an independent contractor is. Simply asserting that a worker is not an employee is not enough to shield you from workers' comp liability.
Attorney Robert A. Koenigsberg has been practicing in workers' compensation law for more than 15 years. He understands and can advise employers on employee classification and how to develop protective policies that clearly differentiate employees from independent contractors.
At the Robert A. Koenigsberg Law Offices, we provide sophisticated counsel and representation to employers in workers' compensation defense and related issues. Contact us today to schedule a convenient consultation.
A Strong Background Protecting Employers in Workers' Comp Disputes
In New York, employers are required to carry workers' compensation insurance for all employees. A self-employed business owner with no employees does not need to have his or her own coverage, and business partners in some circumstances can also be exempt from workers' compensation insurance. However, anyone considered an employee is required to be covered.
When independent contractors face work-related injuries, disputes can arise between the worker and the contracting company — or between the contracting company and a staffing firm — about whose workers' compensation insurance should cover those injuries.
A crucial part of these cases is the definition of who exactly can be considered an independent contractor. Adding to the complexity is the fact that the workers' compensation definition is different from the IRS definition, which determines whether or not someone is an independent contractor for tax purposes.
Our attorneys have represented many employers in these situations, including those who relied upon the IRS definition of a contractor. We have had success arguing these cases in front of administrative law judges. We carefully develop each case, taking into account evidence on a number of factors used to determine whether the worker is a contractor or an employee.
Whether or not a dispute has arisen, we can advise employers on the factors used to determine employee status for workers' compensation purposes. Understanding these factors is key to setting up independent contractor agreements and internal policies that protect employers from unexpected liability.
Contact Us for Experienced Help
If you hire independent contractors, you need an experienced workers' compensation attorney to advise you. Contact us today to schedule a consultation.
Centrally located in lower Manhattan, our law office is open from 9 a.m. to 5 p.m., Monday through Friday, with evening and weekend appointments available by arrangement.
