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Queens NY Medical Malpractice Law Blog

Labor Law 240 is a win for New Yorkers


If you have a family member who works in construction, you know the lingering dread that today might be the day that he or she suffers an injury on the job. This is especially true for those whose loved one's regularly work with scaffolding.

Among the many things that New Yorker's may take pride in, however, is Labor law 240, which is commonly known as the "scaffold law." The terms of the scaffold law grant special privileges to individuals injured working on or around scaffolding, adding a great deal of responsibility to both the owners of a worksite property and the contractors who oversee a project.

Bus and subway accidents a danger for New Yorkers

New York is a commuter city with people needing to ride public transportation to get around. Because of that, there is an inherent trust placed in those who are operating buses and trains. These methods of transport are predominately safe. However, there are sometimes bus and subway accidents that can cause injury and even death. If there is an accident with a public transportation vehicle, those who were involved need to know that they have the right to seek compensation for all they have lost including medical costs, lost wages and more. With a death, the family has a right to pursue litigation.

A Long Island Rail Road train crashed when it arrived at its Brooklyn stop. The train was moving slowly when it hit a bumping block and crashed. A rail penetrated one of the cars of the train. The accident occurred at around 8:30 a.m. Around 100 people were treated for injuries. There were passengers who had to be taken off the train via stretcher. Others were sitting on the sidewalk with cuts and other injuries. One passenger had a broken leg. The investigation is ongoing.

Nursing home negligence leads to fatality and arrests

When New York families make the difficult decision to place a loved one in a nursing home, there is the expectation that a certain standard of care will be provided. There are also laws that must be adhered to and the resident should receive the attention that he or she requires. Unfortunately, there are times when facilities and its workers face allegations of ignoring standard procedures and it harms the resident. Other cases involve various forms of abuse whether it be physical, emotional, financial or all three. In some of these incidents, the resident will even die. If this happens, the family should be aware of their right to seek compensation through a legal filing.

Three employees were recently arrested for an incident that occurred in late-2015 in which an 81-year-old nursing home resident died after the staff allegedly failed to react to alarms from the resident's ventilator. The resident was in a wheelchair and relied on the ventilator to breathe. When the alarms began sounding, the workers did not respond for more than nine minutes. When they finally did, the resident was found to be unconscious and unresponsive. She was taken to the hospital where she died the next day. The workers are all facing charges of endangering a vulnerable elderly person or a disabled person's welfare. They also face charges of willfully violating health laws. The neglect is believed to have resulted in the woman's death.

Limousine construction can be a factor in catastrophic injury

Limousines are a common sight across the New York area and are viewed as part of a celebration, linked with wealth, and are a stylish way to travel. However, there are concerns that safety requirements are not adhered to in their construction when the vehicle is converted from a conventional vehicle into a limousine. This determination was made by a special grand jury that examined a crash that led to four fatalities in July of 2015. These facts must be understood for those who are involved in a motor vehicle accident while in a limousine and suffer catastrophic injury or lose a loved one to a fatality.

The catalyst for this report was the aforementioned accident as the limousine was leaving a winery with the four women. In that accident, four other women and the driver were injured and hospitalized. It made a U-turn and was hit by a pickup truck. If a limousine is built in a factory, it is necessary for it to meet the safety requirements. When there is a conversion, there are often safety features taken out and the protocols are no longer met.

Prevalence of a car accident due to distraction a growing worry

Driving in New York can be treacherous in any circumstance, but it is even more dangerous when there are drivers who are not paying complete attention to the road. These drivers will frequently use smartphones or indulge in other distractive behaviors and put others at risk. When there is a motor vehicle accident due to a distracted driver, there can be catastrophic injury, a brain injury, a spinal cord injury, and a fatality. Understanding the prevalence of distracted driving can help to avoid a crash, but it cannot prevent it all the time.

The National Highway Traffic Safety Administration states that as recently as 2014, there were nearly 3,200 people killed in the U.S. because of distracted drivers. 431,000 suffered injuries due to this issue. While many might not realize what constitutes distracted driving and believe they can multitask, not maintaining complete attention on the road is considered distracted driving regardless of the distraction. Smartphones and other devices have increased these accidents, but there are many different ways to be distracted from talking to a passenger to changing the radio station.

Construction worker falls down elevator shaft and dies

For construction workers in New York, it is an inevitable reality that there can be an accident when on a job. Because many construction projects involve working at an elevated height, there are many risks involved with the work. When there is a construction accident at an elevated height, the person who has fallen runs the risk of a serious injury or a fatality. After falls, the person who was injured or the family left behind needs to know how to pursue compensation through a legal filing.

A man who was working on a construction project on the Upper East Side of Manhattan fell down an elevator shaft and died. The 30-year-old was on the third floor of the structure. It happened at about 9:20 a.m. He fell to the basement, was found to have head trauma and was taken to the hospital. He was declared dead. The project is for a luxury apartment building.

Hit-and-run car accident injures pedestrian high schooler

In New York, weekday mornings can be extremely busy with vast numbers of people and pedestrians on the road as they make their way around. They could be going to school, work or anywhere in between. Because of that, it is important that motorists pay strict attention to their surroundings to avoid being in an accident. Particularly vulnerable to a crash is a person on a bicycle or a pedestrian. With this in mind, when there are pedestrian and bicycle accidents, those who are affected need to understand that there can be significant problems as a result and a legal filing might be the only way to gain compensation for that.

A teen on the way to school was hit by a car as she waited for the bus at approximately 6:40 a.m. The driver of the vehicle subsequently fled the scene. The female victim, 16, suffered what were said to be serious injuries and was taken to the hospital. The vehicle was a 2016 Ford. Its driver, a 24-year-old woman, drove away from the scene, but came back around an hour after the accident. She was placed under arrest for fleeing the scene of an accident with serious injury.

City council to look into dangerous conditions in construction

While construction work can be rewarding and those who do it for a living will state how productive they feel when taking part in a project, there is no doubt that working construction in New York can be dangerous. Considering the potential for dangerous conditions, falls, the need to use heavy tools, a scaffolding or a ladder, it is not unusual for there to be injuries and fatalities in accidents throughout the industry. With that in mind New York legislators are calling for reforms to the manner in which the city approaches worker safety.

City Council Speaker Melissa Mark-Viverito as well as 17 members of the City Council are behind a hearing that will look into legislation to improve the safety for those who work in construction and prevent accidents such as the one that occurred just recently and killed two men working on a job site. It was recently reported that the city does not take part in sufficient analysis or investigation of fatal construction accidents. In fact, it does not even count them. The Department of Buildings' provided statistics from 2015 that failed to report a third of the fatalities.

Hit-and-run motor vehicle accident injures New York rabbi

In New York, when there is a motor vehicle accident, the expectation is that the driver will stop and see if others who were involved and might have been injured need assistance. It is also necessary for insurance and legal purposes that all drivers stop after a car accident. Unfortunately, there are drivers who choose to flee the scene after a crash. This could be for a variety of reasons. Compounding a hit-and-run incident is when it happens after pedestrian and bicycle accidents. With these types of accidents, the vulnerability of the rider or pedestrian can result in catastrophic injuries and even death. With that in mind, those who have been involved need to know the importance of legal advice.

A New York rabbi was hit by a vehicle that departed the scene. The man, 70, was heading to a synagogue at around 7:30 in the evening when the was hit. He was found by others who came upon the scene and they called for help. He was taken to the hospital suffering from injuries to his hip and head. Local law enforcement is searching for the vehicle that hit the man. It is believed to be a white Dodge Ram pickup from 2004 or 2005. It is expected to have damage to its front end.

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