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Workplace

Hearing loss injuries in New York

earplugs hard hat construction

Few things are more traumatic than losing your hearing. Along with vision, it is one of the senses that allows you to experience the world and live life to the fullest. When you lose this precious ability due to the reckless or negligent conduct of someone else, you have the right to file a personal…

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Retaliation for filing a workers’ compensation claim

roofer painting

When you are injured on the job or develop an occupational illness in New York, you are entitled to workers’ compensation benefits that address your medical bills and pay you a weekly amount based on the degree of your disability and how much you were earning before you were injured. Unfortunately, many injured workers refrain…

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Are you a government employee injured on the job? Learn about FECA

helicopter and signal man at work

In New York, most workplace injuries are covered by state workers’ compensation laws. Federal employees, however, are covered by a different law when they are injured on the job. If you slip and fall, are struck by a falling object, or suffer any kind of injury while carrying out duties related to your government job,…

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Can interns get workers’ compensation in New York?

Intern Job

New York university and college students participate in internships to acquire practical experience and a better understanding of the industry in which they would like to work after graduation. None of them hope that their experience will include a personal injury, but like regular salaried workers, interns can be hurt on the job. Employers in…

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Medical liens in personal injury cases

hospital

Once your personal injury claim is settled and you get the settlement or award you’ve been waiting for, you will likely feel a sense of relief. The ordeal is over, you can finally move on. Or can you? Some personal injury awards are subject to liens, which are claims made by insurance providers, medical practitioners,…

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Workers’ compensation for the self-employed

construction job

You’ve achieved your dream of self-employment. At first, you put in long days (and sometimes you still do) but now you’re starting to achieve that work-life balance that you’ve always craved. But when you were establishing your business, did you think about taking out workers’ compensation coverage on yourself?  In New York, there is no…

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Who pays my medical bills?

medical bill injury concept

You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…

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The Jones Act and injuries at sea

man sailing boat

You’re a young person who has always loved the sea, so when you got a summer job as a deckhand, it was a dream come true—until you were struck by a falling piece of poorly secured equipment. Thanks to a dislocated shoulder, you’re going to be unable to work for at least a month. In…

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Calculating lost wages if you’re self-employed

accounting expenses and wages

You were walking through Central Park, enjoying the early spring sunshine when suddenly a cyclist who was paying more attention to the music in their headphones than the path in front of them crashes into you. When you fall, you fracture your right wrist and sprain the other, which prevents you from working at your…

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Injured due to stress?

ptsd employee

Once upon a time, Post-Traumatic Stress Disorder (PTSD) was regarded as a military ailment suffered by shell-shocked veterans. Since 9/11, the courts have recognized that severe and debilitating stress can be experienced by an employee during the course of their work, making them eligible for workers’ compensation. PTSD symptoms In most cases, PTSD symptoms manifest…

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Traumatic carpal tunnel syndrome

typing motion

When you hear about carpal tunnel syndrome (CTS), you tend to think about data entry clerks, computer programmers, factory workers, hairdressers, and other people who use their hands to perform repetitive tasks. Although typically regarded as a repetitive strain injury, carpal tunnel can also be caused by a sudden trauma, such as a motor vehicle…

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Roofing accidents in New York

construction roofing accidents

According to the United States Bureau of Labor statistics, roofing is one of the most dangerous occupations in the country. Serious accidents can happen at any time, and because roofers almost invariably work at considerable heights, the resulting injuries can be permanently disabling and even fatal: an estimated 50 roofers are killed on the job…

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School bus injuries in New York: What parents should know

school bus + children + driver

Comparatively few children live within walking distance of their school, making it necessary for them to take the bus. While the majority of trips take place without incident, it is, regrettably, not uncommon for parents to receive a call that their son or daughter has been hurt while riding to or from school.  One of…

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Workers’ compensation: When can you claim?

construction site potential injuries concept

If you experience a workplace injury or become ill as a result of work-related duties, then New York law generally does not permit you to sue your employer. Instead, you must file for Workers’ Compensation benefits. If your claim is approved and your occupational injury or disease leaves you unable to work for more than…

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Does workers’ compensation include psychological injuries?

psychological injuries concept depressed man

Psychological injuries can be just as traumatizing as physical ones, especially when they are so severe that you cannot eat or sleep. Over time, physical illness can set in. Does this mean that you can collect worker’s compensation for mental stress allegedly experienced on the job? In New York it’s certainly possible, but the success…

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Summer camp injuries in New York

When the weather turns warm, and schools close, many New York parents send their children to summer camp. These camps, which can be day outings or overnight adventures, are a great way to for kids to meet new friends, enjoy nature, and have fun doing a variety of outdoor activities. Unfortunately, it is also possible…

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Asbestos exposure injuries in New York

asbestos roof

Although there are low levels of asbestos in our food, water, and even the air we breathe, it is seldom in sufficient quantities to make us ill. Certain types of blue collar workers, however are often exposed to asbestos in the course of their daily work. They include: Construction: General construction employees use asbestos-based products…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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Slip and fall in stairwells

slip and fall injuries on stairs

In New York City, thousands of people ascend thousands of stairwells every year as they go to work, school, the upper level of a shopping center, and other locations essential to daily life. It is the responsibility of property owners in these buildings to keep the stairs in reasonably safe condition by carrying out regular…

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Assumption of risk in a personal injury case

climbing personal injury

Let’s look at a hypothetical situation. You are out rock climbing with some friends, and during the course of that outing, you fall and injure yourself. Now you want to sue the park or site where the accident occurred, claiming that they were negligent in maintaining the property or warning customers of unsafe conditions. The…

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Reasonable expectations in your personal injury case

accident attorney settlement

You’ve been injured, received medical attention, and have now hired a personal injury attorney to help you pursue a claim against the party whose negligence caused your injuries. You want to seek compensation for past and future medical bills, lost wages, medical treatments, pain and suffering and other past and future economic and non-economic losses.…

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Firefighter line of duty injuries in New York

New York firefighters battle dangerous conditions as part of their duty to protect the citizenry. Although risk of injury and death is part of their job, it does not mean that firefighters have no rights when it comes to their safety and well-being. Unfortunately, many New York firefighters are injured and even killed because property…

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Uber injuries in New York

Uber, Lyft, and other ridesharing services have increased in popularity across New York State. They appeal primarily to commuters who either dislike or do not have access to public transit but find regular cab travel cost prohibitive. A couple of taps on their Uber smartphone app and they’re off. When you travel in a motor…

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Personal injury awards and bankruptcy: What does the law say

bill in bankruptcy

When you file for personal bankruptcy in New York, you have the ability to exempt certain assets: in other words, protect them from your creditors. Personal injury awards and settlements up to a certain amount fall within this category, but the amount covered depends on whether you opt for the New York state or federal…

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Crane accidents in New York

crane accident

Crane accidents easily rank among the most catastrophic events on construction sites. Their height and weight represent serious potential for accidental falls and collapses, and the possibility of hoisted cargo being dropped from high above the ground adds to the element of risk. In July 2016 hundreds of New Yorkers witnessed first-hand how dangerous cranes…

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Toxic substance exposure in New York

They’re capable of being literally everywhere. The playground where your children have fun. The office or factory where you work every weekday. They could even be in your own backyard. Wherever you encounter them, toxic substances have the potential to harm you seriously and your loved ones. Prolonged exposure to certain chemicals and substances has…

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New York police officer line of duty injuries

Officers with the NYPD have dangerous jobs. During every minute they spend protecting the property and citizenry of New York, they face death or personal injury due to: Motor vehicle accidents during high-speed chases or even on patrol Confrontations with armed suspects Defective police equipment Dangerous station house premises (e.g. wet locker room floors, obstructions…

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Paraplegia and quadriplegia injuries in New York

Personal injuries that result in paraplegia or quadriplegia are both physically and emotionally devastating. Once you lose the ability to move some or all of your limbs, your life will never be the same. You will never be able to play with your children, participate in sports and other forms of invigorating exercise, or even…

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Nursing home negligence

Elder abuse and neglect in nursing homes are emotionally devastating, both for you and your loved ones. Some instances are attributable to understaffed facilities: with so few employees, patients are not given the care they need and may not be checked on often enough to prevent or treat injuries. Other times, the staff may be…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Construction worker injured by forklift settles claim

workplace injury from forklift

A worker was injured by a forklift at a construction site in Brooklyn according to the New York Law Journal in a February 8, 2016 article. The man claimed that he did not hear the forklift coming. According to New York’s Labor Laws, forklifts are required to make warning noises when moving in reverse. The…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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New York Scaffolding Law is surrounded by controversy

scaffolds law and accidents

The New York Scaffolding Law, or the New York Labor Law, NY Code Section 240 is a law that has been put into place for many years. Basically, it protects workers from gravity-related accidents. This law states that both contactors and property owners can be held liable for gravity-related accidents. As with any popular law,…

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Subcontractors can also be found liable under Labor Law § 240

hurt at work

In Nascimentov v. Bridgehampton Construction Corporation and Bayview Building and Framing Corporation (2011), the plaintiff filed a claim against the defendant, the City of New York (“NY”) under Labor Law § 240 (1), more commonly known as the scaffolding law. This case was eventually appealed because there were several questions that came up regarding the…

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Reforms to the Scaffolding Law takes dramatic turn

scaffolding workers accident

The New York Scaffolding Law, or the New York Labor Law, NY Code Section 240, has been a source of political arguments for years. The good news is that lawmakers are open to talking about how to resolve the arguments once and for all. Whatever comes out of the talks won’t make everyone happy, but…

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What is New York’s Scaffolding Law and whom does it protect?

scaffolding accident

New York City is known for its beautiful skyline. That distinct skyline wouldn’t be there without the hard work of the state’s construction workers. Unfortunately, this type of work sometimes brings about workplace accidents. The State of New York takes the issue of construction site safety very seriously. In a recent article in the Wall…

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Man proves he is not negligent for ladder accident under New York Labor Law

fall accident

New York Labor Law Section 240 deals with workers who work (often in construction-related jobs) on an elevated surface. The law provides legal protection to these types of contractors who work on, “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as…

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Man involved in altercation struck by truck in fatal blow

truck in accident injury

In 2012, a truck driver got into an altercation with another truck driver. The first driver was at home when another truck driver who was working came onto the other man’s property with his truck asking for directions. In the end, the off-duty driver was killed by the truck. The man was on the side…

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Worker receives settlement money after injuring wrist at workplace

Personal injury

When someone is injured by a defective condition, that individual may be entitled to compensation for their injury. In one case, a man was injured at a worksite in Brooklyn, New York due to a defective roadway, sought compensation for injuries related to the accident according to an April 28, 2014 New  York Law Journal…

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The workplace accidents dangers of Thursdays in November

workplace injury potential

Sundays are safe, April is safe and Thursdays in November are the worst. That is what a study found when it looked at the number of workplace accidents in Ireland after which workers received compensation as reported by Business and Leadership on November 6, 2014. The study, conducted by the Injuries Board in 2013, found…

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Injured worker who fell off ladder deals with dismissed case

workplace ladder accident fall

A man was hired to renovate bathrooms in a home. He was also going to investigate a leaky skylight. The owner of the home gave him an extension ladder to use to reach the house’s roof according to a July 1, 2014 New York Law Journal article. The worker conducted a “safety check” of the…

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Liability split in automobile accident court case

car crash attorney

Negligence can be split amongst the two sides Accident details One person was driving a car when he decided to pull over to the left side of the road to check his GPS navigation system. He slowed down and turned his left blinker light on, checked to see if there was oncoming traffic, and then…

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Electrician allowed to sue NYC after accident on the job

electrician accident nyc

An electrician allegedly fell off a ladder while he was working on the ceiling of a New York City bus depot. The man sued the City of New York basing his lawsuit on the Labor Law’s Sections 240 and 241 according to a recent New York Law Journal article. The city tried to get this…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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Employer may be liable for employee’s wrongful death

workplace injury

A federal employee while working “fell from the top of a pile of timbers located on a flat car.” As a result, the employee died, and his estate sued under the Federal Employees Liability Act to collect for his wrongful death, as reported by the New York Law Journal in a  June 25, 2013 news…

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Injured bridge worker granted summary judgment after fall

bronx workplace injury attorney

A man was working on a bridge, 25 feet above the ground when he fell backwards off a plank and into his manlift device. The construction worker, who was hired by the Triborough Bridge & Tunnel Authority (TBTA), brought forth a liability lawsuit for summary judgment against the TBTA as reported by the New York…

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Wrongful death warrants compensation

Bronx Accident Attorney

A sanitation worker while on duty was struck by a truck while making deliveries in Queens, New York. This caused the worker to become “pinned” between the two vehicles as reported by the New York Law Journal in a January 28, 2013 news article. As a result, the sanitation worker died and his wife brought…

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Defective equipment increases employer’s liability

workplace injuries

An employer was injured while he was at work due to a “defective saw” as reported by the New York Law Journal in a March 23, 2013 news article. The employee received compensation from the company’s insurance thus he did not sue the employer and the Statute of Limitations on when the claim could be…

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Pathway should be cleared during course of employment

slip fall

During the course of employment, the employer should provide a safe working environment for his or her employees. If an employee is injured during the course of his or her employment, then the employer might be liable for the injuries sustained. A construction worker slipped and fell on ice that was located right in front…

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Jurisdiction is significant in an accident case

case jurisdiction

A plaintiff, who is in his late twenties and is a New Yorker, brought suit against the defendants, a hotel owner, a management company and a cleaning company,  when he was cleaning a kitchen stove, and he tripped and fell into a deep fryer, as reported by the New York Law Journal in a September…

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Truck causes accident

highway accidents

When driving on the highway, one needs to be very cautious because cars are frequently changing from one lane to another. While on the highway, a mechanic was merging into the left lane, and, as a result, he struck a sign that was being pulled by a truck as reported by the New York Law…

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Tow truck driver injured on the job

workplace personal injury

A tow truck driver was injured while he was on the job. The tow truck driver was on the flatbed of his tow truck while he was trying to release a vehicle that was hooked up to it. An employee began operating the forklift of the tow truck while the tow truck driver was on…

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Worker struck by beam is compensated

Bronx Lawyer

A laborer while undergoing training on a renovation project was injured when he was struck with an aluminum beam as reported by the New York Law Journal in a June 10, 2013 news article. The laborer sued the owner of the site, the person supervising the project, and the site’s general contractor claiming that they…

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Employer is not liable for all injuries on the construction site

trip and fall accident attorney

A construction worker while on duty, and carrying materials essential for the construction project at the World Trade Center site tripped and fell due to ice buildup at the site. At the time of the fall, the worker was carrying a panel which was about “9 feet by 2 feet.” The worker sustained injuries and…

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Worker’s negligence prevents compensation

Bronx Supermarket Accident

A Bronx supermarket worker who was responsible for taking care of the “carcasses hung on a meat trolley in a cooler” was injured when about six of the carcasses fell onto him as reported by the new York Law Journal in a June 24, 2013 news article. As a result, he sued the supermarket’s owner…

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Construction company might be liable for worker’s injury

Construction workers were working on a building renovation, and there was a rift between the union workers and a non union worker. The union workers are accused of assaulting a non union worker, as reported by the New York Law Journal in a May 2, 2013 news article. The victim then brought suit seeking compensation…

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Injured worker denied social security benefits

Bronx Personal Injury Lawyer

An injured construction worker sustained injuries at work after he fell. As a result, the worker applied for social security disability benefits because he claimed that the fall prevented him from working. However, he was denied social disability benefits.  Thus, the injured worker appealed and applied to the District Court for review. The District Court…

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Filing a case is not enough

injury

A now retired schoolteacher brought suit against New York City for a trip and fall she sustained on the school’s gym floor where she worked.  As a result, she broke her arm and sought to recover for her injuries.  This case was filed in 1994 however this case was dismissed in 2008, as reported by…

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Bronx accident attorney discusses whether a ladder was used properly

New York Accident Attorney

The plaintiff, a demolition worker, was denied summary judgment against his employer, the defendant, in Velez v. The Keystone Building Corporation. The two sides disputed who was responsible for Mr. Velez’s fall from a ladder. He needed to climb a ladder as part of his work to reach a sidewalk bridge, according to an October…

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Accidental chlorine release injures workers at chicken processing plant

workplace accident

One hundred fifty Tyson Foods employees were injured at a chicken processing plant after an accident caused toxic Chlorine gas to be released, according to a December 6, 2012 NPR news article. This accident took place one and a half years ago, but the effects still linger. One employee poured sodium hypochlorite, a very strong…

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