Blog

Labor Law, Slip and fall accident, Snow and Ice Accident

Slip and Fall During a Storm is Covered by Labor Law

In New York, a Labor Law slip and fall on a construction site may entitle you to compensation beyond standard workers' compensation benefits. I slipped and fell on ice while I was carrying my tools. We had to work outside because there was a rush on the job and the contractor was up against a … Continue reading Slip and Fall During a Storm is Covered by Labor Law

Motor Vehicle Accidents, serious injury

Serious Injury After a Car Accident: Does Your NY Claim Qualify?

In New York, the answer depends on whether your injuries meet what is known as the serious injury car accident threshold under Insurance Law § 5102. I was injured in a two-car accident and have been out of work for four months. I’ve received little from no-fault benefits. What are my claims? No Fault Claim … Continue reading Serious Injury After a Car Accident: Does Your NY Claim Qualify?

Civil Litigation, Promises Liability

Premises Liability for an Independent Contractor

I hired a contractor to repair the roof of my building. The contractor had erected a scaffold. A pedestrian walking under the scaffold was injured when part of the scaffolding had collapsed. The injured pedestrian now is suing me for this contractor's negligence. Am I responsible for this accident? It sounds like the type of … Continue reading Premises Liability for an Independent Contractor

Bus accidents, Municipal Liability, negligent supervision

School Bus Safety

A car struck my son when he was crossing the street. My son takes the school bus home. When he was discharged from the school bus, he had crossed in front of the school bus and before he finished crossing the street, the school bus driver had turned off the flashing red light and retracted … Continue reading School Bus Safety

Civil Litigation

Deadbeat Neighbor

Due to an urgent phone call, I had to quickly leave my home and requested my neighbor, who was outside, to put my lawnmower, which was in my front yard, into my garage and to close the garage door. Unfortunately, my neighbor failed to comply with my request. In fact, the lawnmower was stolen, and … Continue reading Deadbeat Neighbor

Bicyclists Accidents, Good Samaritan Immunity

When doing the Right Thing Leads to a Lawsuit

I was walking on a sidewalk. A young child on a bike was crossing the street into traffic. I acted instinctively and attempted to prevent the child from being struck. I succeeded. The car driving in the lane closest to the sidewalk did not hit the child. However the child was distracted by my actions. … Continue reading When doing the Right Thing Leads to a Lawsuit

Labor Law

Labor Law Protects Workers from “Gravity Related Risk”

While working inside a Manhattan building, I was cleaning newly installed windows when I fell off a 5-gallon paint bucket, injuring my leg. What claims do I have? Worker's Compensation Claim As with all workplace accidents, the immediate priority is to seek medical attention at a hospital or doctor's office. Upon reporting the injury to … Continue reading Labor Law Protects Workers from “Gravity Related Risk”

Nursing Home Liability

Claims for Nursing Home Liability Under the Public Health Law

My mother is in a nursing home. She has had a difficult time adjusting. One thing that bothers me about this facility is the lack of staffing. As a result of staffing issues, I see that my mom has developed bed sores. Is there anything I can do to make a claim against the nursing … Continue reading Claims for Nursing Home Liability Under the Public Health Law

Labor Law, Worker's Compensation

Injured Painter Covered by Labor Law

I am a painter. I fell while I was on a ladder painting an office. What claims do I have? Worker's Compensation Claim I assume that you already have sought medical attention for your injuries. In the hospital, a doctor asks a patient the history of how the person received their injuries. As soon as … Continue reading Injured Painter Covered by Labor Law

Labor Law, Right of Subrogation, Worker's Compensation Benefits

Compensation Carrier’s Right of Subrogation

I was injured on a job site about two years ago. My leg had two operations and I missed a year of work. Recently, I received a letter in the mail from my compensation carrier stating that they are exercising a right of subrogation. What does this mean? In short, this means that you should … Continue reading Compensation Carrier’s Right of Subrogation