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Queens NY Medical Malpractice Law Blog

What do workers' compensation benefits cover?

No one in New York likes being hurt or getting sick. Any type of injury or illness can affect a person's ability to do simple daily tasks that they are used to doing. However, some injuries and illnesses are much worse than others. Some of them can have major effects on one's life, forcing them to undergo long-term medical treatment. Medical conditions affect people's ability to work, as well. The extent of a medical condition's impact can be affected by the type of work an individual does, too.

The more manual labor one does for their job, the harder it is to perform their work duties when they are injured. One type of job that can require significant manual labor is construction. So, when construction accidents occur, they can really affect the workers ability to earn an income. These injured workers may be entitled to workers' compensation benefits to help with the costs, but workers' compensation benefits have limitations.

Recall for Peterbilt & Kenworth trucks

Recently, Paccar has issued a recall for over 1,700 Kenworth and Peterbilt trucks that have Cummins ISX15 engines. The reason for the recall is a possible problem in the fuel pump. The recall covers a range of Peterbilt trucks that came off the line between Dec. 20, 2016, and April 17, 2017. The Kenworth models that are affected were all 2018 models that were built between Jan. 9, 2017, and May 5, 2017.

Paccar has recalled the trucks because of a worry that faulty fuel pumps can suddenly fail and possibly result in a collision. Cummins, the engine producer, will issue notifications to truck owners so that they can bring their vehicles in to Cummins dealers for a free replacement.

Whiplash from a car accident can cause significant problems

New York roads can be very busy. This means that everyone needs to be very careful, pay attention to what they are doing, and obey the traffic laws. When motorists fail to do these things, car accidents can occur and people may be injured as a result. Sometimes these injuries are not very significant, but other times the harm can linger for a long time, causing significant pain and suffering.

One common type of injury that people suffer in car accidents is whiplash. This harm is caused by the head being thrust forward and snapped back very quickly and violently. One problem with whiplash is that it does not always immediately present itself in a victim. This means that some victims do not initially realize they are hurt. However, once problems do appear, whiplash can cause neck pain, headaches, brain injuries, back pain, and other physical problems. These issues can persist for months and sometimes even years.

New York governor to sign new law to help malpractice victims

There are many things that can change people's lives in New York, including marriage, divorce, having children, obtaining or losing a job, and losing a loved one. Suffering a major injury or developing a major disease or illness can also cause a significant setback in one's life.

One of these diseases is cancer. This condition affects many people every year. There are treatments available for those who suffer from it, though, and in many cases people are able to beat the disease. However, it is very important that the cancer is detected early and the appropriate treatments are given at the appropriate times. Sometimes errrors are made in diagnosing and treating this disease, though, which can leave patients with additional harm, a worsened condition, or even death.

Lawsuits can be multi-faceted

Many people are under the impression that when someone is killed in a tragic accident that it is simple to determine who was at fault and assign liability to that person or entity.

In reality, it's usually far more complicated than it might appear. One example that perfectly illustrates this principle is the 2016 crane collapse in Tribeca that occurred during the morning commute on a windy day in February. A passerby, a mathematician who graduated from Harvard, was walking to his job on Wall Street when he was crushed by the toppled crane that also injured three others.

Who is protected by Labor Law 240 in New York?

There are many dangers at New York construction sites. For this reason, it is important that the safety regulations and procedures are followed by workers. It is also important that contractors and owners of the buildings provide the proper safety equipment for the workers to use. When individuals fail to adhere to implemented safety regulations, construction accidents can occur, leaving workers with catastrophic injuries as a result.

One of the dangers in this regard are falls from high heights. If proper guard rails or other safety measures are not in place, then workers may fall and suffer injuries. It is important that these workers are compensated for these injuries and made whole, which New York's Labor Law 240 seeks to do.

77-year-old woman is killed in a hit-and-run crash

There are many vehicles travelling on the streets of New York. There are also many pedestrians walking to various locations throughout the city. There are sidewalks for these pedestrians and roads for the vehicles to keep pedestrians safe, but the vehicles and pedestrians do have to interact with each other at intersections. In many locations there are traffic control devices that signal when pedestrians can cross. It is important that both pedestrians and the vehicles obey the laws to avoid pedestrian accidents.

When the laws are not followed, pedestrians can be hit. In many incidences, a pedestrian can suffer catastrophic injuries or be killed, which is what recently happened to one woman. She was crossing a street as she was coming home from her morning prayers at her church when she was struck by a car. That car then fled the scene, leaving the woman lying in the street. By the time people found her and came to her assistance it was too late. Her family was devastated, and so, too, were others living in the neighborhood. The search is now on for the driver responsible for the accident.

Signs that a loved one is the victim of nursing home neglect

New Yorkers will continue to age. People can try a number of different things to try and slow the process, but it is inevitable. As people age, some need more assistance in doing daily tasks, while others experience various medical conditions that require someone to provide care for them. Although family members may be able to step in and help out in these instances, many loved ones are unable to provide all the necessary care.

That is why elderly loved ones may be moved to a nursing facility. Many of these facilities provide competent care, but mistakes are made that can result in neglect. This can cause even more health problems and greatly deteriorate a resident's quality of life. However, people generally are not able to visit their loved ones every day to keep a close eye on everything that occurs. There are certain signs that people can look for when they do visit, though, to determine if nursing home neglect is occurring.

Seat belt use across the country varies significantly

At this point in automotive history, you might think that it is obvious that all drivers and passengers should wear a seat belt any time they get into a consumer vehicle. However, this is far from reality, at least according to research that indicates many areas of the country report significant portions of the driving population do not wear seat belts, or do not wear them consistently.

In 2010, the federal government announced an initiative pushing for at least 92 percent of all drivers in each county in the U.S. to wear seat belts by 2020. Now, more than three-quarters of the way to that deadline, very few counties in the country meet those goals. Some areas of the country, primarily in Texas and in California, already meet the goal, as well as some counties in Maryland, North Carolina, Georgia, and Louisiana but most counties fall well below the mark.

Points to consider about vehicle safety

The car you drive can have a big impact on how you fare when you are in a crash. Car manufacturers know that the American driver is more conscious than ever about vehicle safety ratings. Many have focused their engineering efforts over the years on improving safety, but many makes and models are still not as safe as they could be. Even if you aren't in the market for a new car, you can still use this information to help you learn about the possible hazards you face while you are driving.

It probably doesn't come as a shock that smaller vehicles are considered less safe than larger vehicles. The difference in fatality rates between mini-cars and large luxury SUVs might be greater than what you realize. Here are some things you need to know about the safety of vehicles according to data from the Insurance Institute for Highway Safety:

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