Work-Related Injuries

  • Construction accidents
  • Labor law claims
  • Crane accidents
  • Demolition accidents
  • Falling debris
  • Ladder and scaffold accidents

Accidents happen at the workplace no matter how big or small the company is. More dangerous settings such as construction sites and factories often pose more threatening and high risk situations for injuries to occur. Falling equipment, faulty machinery and unsafe working conditions are all factors that could lend to a worker being injured. However, more docile settings such as an office or small business can also produce work related injuries.

Slip, Trip, & Fall

There are many ways in which someone can slip, trip or fall and sustain injuries. First and foremost, it is important to take notice of and record what substance or object that caused you to trip or fall. If you slip, take note of the contents and general dimensions of the substance that caused it. Seek immediate medical attention after your fall. Immediately report the injury to the owner of the premises, point out exactly where you fell and, if possible, make out a written report detailing the date and time of the incident, where you fell, what you fell on and the dimensions of the material you fell on. If possible, immediately after the accident, take photographs of the condition or object to document what caused you to fall. Immediately obtain the names, phone numbers and addresses of any witnesses there might be.

Premises Liability Claims

  • Negligent security
  • Elevator accidents
  • Assault cases
  • Defective building design
  • School liability cases
  • Dog bite and attack cases
  • Burn accidents
  • Amusement park accidents
  • Slip, trip and falls
  • Swimming pool accidents
  • Playground accidents
  • Daycare accidents
  • Construction site accidents
  • Security problems
  • Injuries in public spaces such as stores, schools, restaurants, amusement parks, commercial or government buildings
  • Broken glass
  • Faulty store displays
  • Elevator accidents
  • Snow and ice injuries

It is important to contact and consult a lawyer to understand your rights and responsibilities. Like any legal claim, there is a statute of limitations which applies to slip, trip and fall accidents. Generally, you have three years from the date of the accident in which to bring a lawsuit. However, if the property is owned by a municipality, you must bring a Notice of Claim within ninety days of the accident or your claim may be denied.

Scaffolding & Ladder Injuries

OSHA reports that scaffold and ladder related injuries account for 41% of all injuries on construction sites.

New York State Statute Labor Law Section 240, also know as the “Scaffold Law,” was created to protect those who work at elevated heights because as anyone who does construction work knows, this type of work can be dangerous. Often enough, construction workers have very little say in how a job can be safely performed or what types of safety devices are available on the job.

If you are injured in a construction accident, it is important to contact an attorney immediately to protect your rights so that you promptly receive workers compensation benefits including lost wages and payment of medical bills.  If there is a general contractor or owner of the property either of whom is not your employer, you can often file a lawsuit under the Labor Law for pain and suffering and future lost earnings and medical expenses.  Our team has considerable   experience in these cases and engages top OSHA and other types of construction experts to build the case.

Regardless of what caused the accident, the injuries sustained from a ladder or scaffolding fall can be critical.  Our team has demonstrated results to help you get the compensation you deserve.

Pedestrian & Bike Accidents

The National Highway Traffic Safety Administration (NHTSA) reports that over 50,000 cyclists are injured in motor vehicle traffic crashes each year. This number is only a fraction of the real statistic because most bicycle accidents are never reported.

Pedestrian injuries are usually caused by distracted drivers, especially drivers who are texting. Without quality legal representation, victims may find it difficult to recover compensation fo medical expenses, lost wages, and emotional suffering resulting from pedestrian accident injuries.

Medical Malpractice

We have a successful track record in fighting for patients that are victims of medical negligence on the part of doctors and hospitals.  Medical Malpractice is very difficult to prove and doctors and hospitals are well protected and defended by many excellent attorneys. It is important to hire an attorney that has a track record in court to go up against them. Our firm has had success in many areas of medical malpractice, including the following:

  • Anesthesia error
  • Birth injuries
  • Cerebral & Erb’s Palsy
  • Brain damage
  • Cancer misdiagnosis
  • Misdiagnosis
  • Nursing home negligence
  • Surgical error
  • Emergency room negligence
  • Ophthalmological error

It is important to know that unlike other cases, the statute of limitations in a medical malpractice case is not three years but two years and 180 days from the date of malpractice!

FELA: Federal Employers Liability Act

When a worker is injured in New York State, he/she is barred by law from suing his employer. His rights are limited by the New York State Workers’ Compensation Laws which permit him only to receive Workers’ Compensation benefits. The only exceptions to this rule are railroad and ship workers. Railroad workers are covered under a special Federal law called the Federal Employers Liability Act, 45 U.S.C. §51. This law permits any railroad worker to sue his railroad employer when he is injured due to the negligence, in whole or in part, of the railroad. As such, to recover under the FELA, one must first establish some negligence on the part of the railroad. Again, this differs from State Workers’ Compensation laws which require no such proof.

The amount of negligence that must be demonstrated is slight. It must be shown that the railroad failed to provide a reasonably safe place to work. There is also a special law which govern accidents involving locomotive engines called the Boiler Inspection and Equipment Act, 45 U.S.C. §11. This Act governs slips and falls on engines and their apertanences. Another special law contained within the FELA framework is the Safety Appliance and Equipment Act, 45 U.S.C. §23. This Act covers any and all accidents involving hand-hold and foot sills on railroad cars.

In order to decide whether or not you have an FELA lawsuit, a thorough investigation must be conducted to determine the facts of each particular case. Like all lawsuits there is an applicable Statute of Limitations. This is the time period in which you have to bring a claim. The FELA statute mandates that you bring a lawsuit within three years of the date of accident. If you do not bring a claim within three years, your claim is barred and you have no right to recovery. After suffering an accident, it is critical that you seek immediate medical care and attention. It is important that you tell the health care provider where and exactly how you were injured. It is also important to make a list of any witnesses, their addresses and phone numbers so that the case can be properly investigated.

Construction Accidents

Injury to either workers or visitors while on construction sites occurs throughout the United States, and often they are due to the unsafe nature of the worksites. Power tools, partially built structures, scaffolding, ladders, lifts, heavy machinery and rotating crews of tradesmen account for some of the hazards on construction sites. While the Occupational Safety and Health Administration (OSHA) is the federal agency that regulates safety measures on construction sites, once an injury has occurred, a construction accident attorney should be contacted at a personal injury law firm that is familiar with state and federal safety laws as well as local codes of conduct.

The complexity of construction liability cases often requires an experienced construction accident attorney pursuing a construction liability lawsuit on their behalf.

Job site accidents rose 31 percent between 2011 and 2012. Injuries from these accidents increased 46 percent. At the same time, work site inspections fell by 40 percent between 2009 and 2012.

If a construction accident was caused by a defective product, such as a malfunctioning nail gun, the equipment manufacturer may be found liable for the victim’s injuries. Other potentially liable parties in a New York construction accident case may include:

  • Construction site owners
  • Contractors
  • Building or property owners
  • Architects
  • Construction management companies

Car Accidents

You are in your car, on your way to work or to pick up your children and suddenly, without warning, you are struck by another vehicle. Most of the time, this involves a disruption in their life for a short period of time and involves property damage only. However, in a small percentage of cases, someone involved in a car accident is injured, sometimes very seriously. In such instances it is important to know your rights and responsibilities.

Compensation for auto accident cases

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Reduced earnings due to long-term injuries

First and foremost, it is very important to exchange with the other driver information, addresses and insurance companies. If this is not possible due to your injuries, most often this information will be obtained by the investigating police officer. Make sure, as soon as possible, to report the accident to your insurance provider. If this is not done, insurance coverage for benefits may be denied.

In New York there are  mandatory No-Fault insurance benefits which entitle you to receive (depending on your policy) up to $125,000 of medical care for medical treatment rendered as related to injuries suffered in this particular accident and lost wages. It is important after the accident, to contact your insurance company and obtain a No-Fault application form. You and your doctor must fill it out in some detail and return it to your insurance carrier promptly. Like any legal claim, there is a statute of limitations which applies to motor vehicle accidents. You have three (3) years from the date of accident in which to bring a legal claim. If you do not bring a legal claim within that time period you will be barred from bringing a lawsuit against the defendant driver.

What to do after a car accident

  • Contact the local police authorities and file an auto collision report. By filing this report, you are able to document the facts quickly after the accident to avoid error and help ascertain the party at fault.
  • Receive proper medical care for any injured persons. Call an ambulance if necessary or visit an emergency care facility as soon as you leave the scene of the accident. It is important to note, some injuries may not be immediately apparent – for this reason, it is crucial to be examined by a doctor.
  • Do not leave the scene of the accident until you have gathered all of the necessary contact information from all people involved such as names, phone numbers, addresses and the insurance information. In addition, gather the names and contact information for any witnesses.
  • Do not discuss the accident or your injuries to anyone other than the police, your doctor or your lawyer. Giving statements to insurance representatives without speaking to your auto accident lawyer first can damage your legal case.

Bus Accidents

Although buses are statistically one of the safest forms of transportation in the U.S., when they are involved in a crash the results can be devastating. The size and speed of buses, coupled with the large number of occupants, means serious injuries or even death for those involved. It is important to hire an attorney as soon as possible since bus companies often have investigators available immediately to protect their interests.

Our team often consults with top accident reconstruction experts and engineers to help establish liability.