Should I Just Pay the Stop Work Order Penalty to Resume Building?
If you’re a construction contractor, you have the duty to maintain Workers’ Compensation insurance for all your employees on your job site. This can only be declined if you have two employees, but three or more on the payroll and you must begin accurate accurate accounting. It’s the Division of Workers’ Compensation that will conduct random inspections to ensure that all employers are in full compliance.
This process can involve inspecting financial records, and conducting employee interviews, and independent contractors interviews, to determine if a construction company is in compliance. They will be searching for information that may indicate that something is amiss.
Many employers may be presented with a stop work order, then a fine. Often, they may simply pay the fine to have the stop work order Florida lifted. Many contractors may wonder if they should just pay it, or should they consult a lawyer first?
Your work may be stopped while you wait for Worker’s Compensation to determine what your penalty is. If you find there are unnecessary delays, you may with to consult with your attorney.
Another issue with penalties is that often they are miscalculated. Employees may be misclassified, or independent tradesmen may be misclassified. It’s important that your own records are always accurate. These penalties may result in assessments that are far higher than you should have to pay.
If you’ve received the fine and feel that the charges are unjustified, it is certainly worth hiring a stop work order lawyer to assist you through the process. Then can help you with an accurate assessment of fines, which may involve proving that independent contractors are just that.
It may take time to collect paperwork together and have an accountant go through the records to determine problems.
It can be tempting for you, as the employer, to simply pay the stop work order Florida state fine in full, so that that the stop work order can be lifted. Getting back to work as soon as possible may be your goal.
However, this can be quite troubling, as once you’ve done that, there is little recourse to seek compensation for any errors. For example, let’s say that you have 10 employees, and you’ve hired 10 independent contractors. The Division has determined that the 10 independent contractors are employees, which is erroneous. In fact, you have proof that the contractors work to their own schedule, and are often off-site doing other jobs. They have their own insurance, and have only been hired for a week or two.
Paying for the fines of 10 independent contractors can add up to thousands of dollars. If you pay the fine, you won’t get that money back.
That’s why it’s important to consult with an attorney first. Yes, if your fine is minimal and it was your fault, go ahead and pay it. But if your fine is more than $5000 and you feel that it’s been unjustly made, please consult with a stock work order Florida attorney today.
Soon your site will be back to work, and you’ll be able to save thousands of dollars, all because you sought the advice of a fully qualified legal expert in the field of stop work orders Florida.