KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Private and Group meeting schedule now available /Injured worker not on workers comp March 2, 2024 ********************************* Private and Group meeting schedule now available ********************************* Private Meetings: Schedule a Private Meeting with Ken Kirschenbaum or with Rory Russell of AFS by calling Stacy Spector at 516 987 8428. Register for a Group Meeting by calling Stacy Spector at 516 987 8428
Group Meetings: Tuesday April 9. Group Meeting: 3:00 pm to 4:00 pm – Monetize your monitoring accounts; new incentive program; learn how to get unheard of incentives from your central station or move to another one. Group meeting conducted by Ken Kirschenbaum.
Wednesday April 10. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group conducted by Ken Kirschenbaum.
Wednesday April 10. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Wednesday April 10. Group Meeting: 3:00 pm to 4:00 pm – Central station – dealer relationship; contract issues; understanding the dealer agreement terms and why you need the K&K Rider. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: 10:00 am to 11:00 am - Insurance for your alarm business – best options; availability, pricing and claims. Group meeting conducted by Shawn Iverson of The Insurance Center.
Thursday April 11. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: from 3:00 pm to 4:00 pm - The Corporate Transparency Act. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Private Meetings with Rory Russell of AFS: Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Available times to meet with Rory Russell are as follows: Wednesday April 10 and Thursday April 11 between 7:30 am and 11:00 am and 12:30 pm and 4:00 pm. Contact Stacy Spector to schedule a private meeting with Rory. Call 516 987 8428 ALL TIMES ARE PACIFIC STANDARD TIME. Contact Stacy Spector, Esq. for all scheduling at Sspector@kirschenbaumesq.com or 516-987-8428. ********************************* Injured worker not on workers comp ********************************* Ken We would like you to review an Independent Contractor agreements concerning an insurance related matter. This Independent Contractor recently injured his heel on one of our job sites prior to the signing of this new agreement. At the time, the contractor chose to not seek medical attention but since then he has gone to a doctor and found out that he is going to have to have surgery. These agreements reference that the Independent Contractor should have their own insurance coverage, so we wanted to inquire with you regarding our legal responsibility in this matter with this being an individual that has personal insurance but no Worker's Comp Coverage with a subcontracting company. Should the Independent Contractor use their own personal insurance concerning medical expenses and does this section of the agreement waive our responsibility to make a claim under our Workers' Comp insurance in regards to paying him while he can't work? This is our first time dealing with a situation of this matter. We want to make sure the contractor is covered properly by us if required. Please advise. Thanks! Jessica **************************** Response **************************** This is the wrong time to be asking about this. Horse has left the barn. This “subcontractor” may be without insurance, and you may be responsible, also without insurance. First of all, a subcontract agreement, signed after the injury, is not going to be useful. Second, even the K&K Subcontract Agreement is useless if you and the subcontractor don’t follow its terms. Subcontractors should have their own Workers Comp insurance. Even if your state doesn’t require a single person corporation working to carry Workers Comp coverage, I think you will find that your Workers Comp carrier will expect you to cover them. If you get audited and your Workers Comp carrier checks your payroll and payments to subcontractors it may pick those you have excluded from coverage as required to be covered and premium charged. That would be the carrier’s position in an audit, but not once there has been a claim. So you engaged a “subcontractor” who didn’t have Workers Comp; you didn’t list him on your Workers Comp policy. While not expert in personal insurance I suspect that personal health insurance will not cover a loss for someone working; hence the requirement to carry Workers Comp. If this subcontractor says he cannot get Workers Comp as a single employee corporation, then you should include him on your Workers Comp insurance. You can take this cost into consideration when negotiating compensation. A few issues are important to understand the issues. Is the subcontractor really independent, a real subcontractor, or just someone who you don’t want on your payroll? A fair rule of thumb would be, does the subcontractor work for others; work for you when his time permits, and not just when you have work for him? Does subcontractor carry own insurance, perhaps have employees and corporate structure? If your subcontractor works for you all or even most of the time, doesn’t have a corporation with employees, he probably belongs on your payroll, and even if not, pick him up on your Workers Comp. Insurance brokers are welcome to comment. *************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
