Legal Question in Business Law in New York

workmans comp

My husband works as a salesman. His boss suddenly started taking a full 5% out of his commisions last year and claims it is for workmans comp. Is this legal? How do we know he is not pocketing the 5% for himself? Are there laws on having to pay into workmans comp and how much? I feel we are getting ripped off, but I have no way of knowing. Can you help us?


Asked on 1/29/08, 6:03 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: workmans comp

Worker's comp is a whole area of law unto itself.

Worker's comp is basically an insurance program into which the employer and the employee both must pay. This insurance payout then covers the worker in the event of job-related injury or illness in lieu of litigating each case. It is wildly popular with the courts because it clears their dockets of all these cases of work-related injury that would otherwise be clogging the system.

Whether what your husband's boss is doing is "legal" or not depends on more circumstances than you've given here. I suggest you contact a worker's comp attorney in your geographic area and pick his/her brain about the situation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 1/30/08, 8:03 pm


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