I work for a company that originated in canada and expanded their business into the u.s (specifically new york).
To the best of my ability to understand the articles i've read, a foreign entity can operate a business in new york out of a p.o. box and never have to have an actual office location.
I was recently injured on the job while working outside the state of new york and filed a claim for workmans comp. in new york since new york pays a considerable amount more than the state i was injured in while working for this company.
The company now argues jurisdiction is not in new york since all direction and controll came from canada since they do not have an actual office in new york.
I'd really like to hear some comments on this particular matter.
Hi Dan0481,
I'm sorry to hear about your situation. I think HostingDiva makes a good point about speaking with an attorney to understand your rights.
We recently posted an article on how to find legal representation for your small business, but most of the tips can also apply to someone looking to hire personal representation.
Best of luck to you.
Hi Dan:
I'm sorry to say that this is probably the wrong place to comment. You need to hire a work man's comp. attorney to help you with this issue. You're not going to be able to handle this yourself. Jurisdiction is a complicated question - an attorney will consider whether you will get a payment if the jurisdiction is in Canada. If you will, then the state may let you fight it out in Canada. Also, I'ms sure there is case law on this matter, so the courts may have already decided the answer. In any case, get a lawyer.
Best of luck in your fight! :)
NicoleD | Former Moderator | 11/9/2009 - 11:20 am
hostingdiva | Creator | 11/8/2009 - 12:56 pm
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