Legall Bug
Filed under: AOP, Construction Accidents, General Law, Personal Injury | Tags: attorneys, lawyers
In New York, construction laws provide necessary safety regulations that help to reduce crane and scaffolding accidents in NYC. While national measures mandated by the Occupational Safety and Hazard Administration (OSHA) provide a high level of protection, the laws in New York regulate cranes and scaffolding even further, perhaps in part due to the increased dangers of construction work in New York City.
NYC crane accident laws
Under NY crane accident law, in order to legally operate a crane in New York, an individual is required to obtain a Crane Operator Certificate of Competence. Before even applying for the certificate, the individual must have at least three years of practical experience in crane operation under direct supervision of a certified crane operator. The applicant is required to pass both a written and a practical exam in order to achieve certification.
In addition, crane operation certificate applicants must become certified in operation of each of five types of cranes separately. By thoroughly training and certifying crane operators, crane accidents in NYC involving cranes tipping over, dropped loads, and other common mistakes can be avoided.
Recently, in 2008, new NY crane accident laws increased criminal and civil penalties for falsified building crane inspections, increasing fines to up to $5,000, and resulting in permanent loss of certification. In addition, the new laws made it a felony to alter or cheat on a crane operation licensing exam.
NY scaffolding accident laws
NYC scaffolding accidents and their prevention are regulated under New York Labor Law, Section 240. In keeping with OSHA standards, Section 240 mandates that all scaffolding structures be able to support at least four times the maximum expected load capacity without collapsing. However, Section 240 also extends these regulations to all hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropers, and other devices that serve similar purposes. Additionally, under NYC scaffolding accident laws, any scaffold structures 20 feet or more above the ground must be equipped with safety rails and be securely fastened so they do not sway away from the building being worked on.
Most significantly, however, Section 240 specifies that contractors, owners, and their agents are responsible for the scaffolding that is constructed on their sites, and that they therefore assume liability when a scaffolding accident in NYC occurs on their site. Professional engineers, architects, and landscape engineers are identified as exceptions to this regulation when they are not involved in the day-to-day on-site operations.
If you or a loved one has been injured in a construction accident in NY, you should consider consulting with an attorney who is practiced in NY construction law.
Filed under: Construction Accidents | Tags: accidents, attorney, attorneys, construction accident, lawyer, lawyers
Construction accidents in NY often involve extreme conditions, which can lead to severe injuries. But believe it or not, most NY construction accidents occur under at least one of the following top circumstances:
- Caught in/under/between. One or more parts of the body is pinched, crushed, or squeezed in equipment or machinery.
- Falls from elevation. A worker falls from a ladder, roof, scaffold, or other elevated surface.Fall at same level. A worker slips, trips, or falls on a flat surface.
- Struck by/against. A part of the body collides with a piece of equipment or machinery, or the body is struck by a moving or flying object, or severe noise impacts the worker’s ear drum(s).
- Motor vehicle accidents. Traffic accidents that somehow affect a construction site
- Musculoskeletal injuries. Injuries to the legs, knees, ankles, feet, back, neck, or arms that are caused by overexertion, kneeling, squatting, lifting, awkward postures, hand pinching/gripping/vibration, or exposure to other repetitive motions.
Specific examples of injuries
It is true that every NY construction accident injury is unique. But the following examples of injuries sustained on a construction site are common, and if sustained, may warrant assessment by a construction accident attorney in NY:
- Head injuries: Even when wearing a hard hat, it is still possible to suffer severe blows to the head that cause traumatic brain injury (TBI), closed head injury, concussions, and/or comas. Effects of these injuries include long-term complications and even death.
- Cumulative traumas: When there are excessive and repeated demands on the body, an individual can suffer from certain chronic disorders including stress injuries, carpal tunnel syndrome, and thoracic outlet syndrome.Spinal cord injuries: In serious falls or other impact injuries, the spinal cord can be damaged, or even severed. The results can include paralysis, which is generally irreversible.
- Severe wounds: When mishandled, complex tools and machinery can cause severe gashes or a deep wounds. If untreated, they could result in severe blood loss, infection, and, in some circumstances may lead to amputation.
- Dislocations: In sudden impact accidents to joint locations, bones at a join may overextend and become dislocated. It is not typical for dislocations to cause any long term injuries, but in the short term the dislocated joints must be immobilized in order to properly heal.
- White Finger Syndrome: It is possible for construction workers to develop this muscle condition from excessive use of vibrating power tools. Its long-term effects are dramatic loss of strength and grip in the fingers and hands, and overall discomfort in the hands that could even interfere with sleep.
If you or a loved one has been injured in a construction accident in NY, you should consider consulting with an attorney who is practiced in NY construction law.
Filed under: Personal Injury | Tags: attorney, attorneys, injuries, lawyer, lawyers, personal injury
No one wants to lose what they have worked so hard to gain because of a injury. Good lawyers know how to minimize risk and protect their clients. Here are several critical errors you need to avoid:
- Waiting too long after the incident to seek medical attention. Do not assume you need to speak to a lawyer or even an insurance company before getting treatment. If you are in pain or discomfort, get professional medical help as soon as possible for your personal injury.
- Not having an experienced injury attorney or not seeking one soon enough. Not all attorneys are created equal. Make sure yours has the experience and expertise needed to handle your particular type of case.
- Speaking to your opponent’s attorney or striking a deal with him or her before hearing what your own injury lawyer has to say.
- Withholding or misrepresenting facts when speaking with your own personal injury law firm. It is never a good idea to mislead your lawyer. Laying out the facts as plainly as possible helps your personal injury attorney decide the best course of action for your case. Even facts you may assume are irrelevant may be useful, so do not be afraid to share those as well.
Filed under: Personal Injury | Tags: attorney, attorneys, injuries, law suit, law suits, lawsuit, lawsuits, lawyer, lawyers, personal injury
Personal injury lawsuits are complex legal issues, many myths, urban legends, and popular misconceptions have cropped up surrounding them. Sometimes lies and half-truths lead people who do not have viable claims to file personal injury lawsuits, or lead those who do have viable claims not to file a injury lawsuit. This page describes a handful of such misconceptions that are commonly held.
I am guaranteed compensation
Just because you hire an attorney and file a personal injury lawsuit does not mean you will automatically receive a settlement or judgment in your favor. All personal injury cases are judged based on their individual merits. Your attorney should be up front with you regarding the chances of your lawsuit succeeding.
I am in for a lengthy court battle
Many personal injury cases never even turn into lawsuits. Most are settled amicably by all parties involved without ever seeing the inside of a courtroom.
I have to settle my injury lawsuit before I can receive medical treatment
Personal injury laws allow victims of accidents to seek timely and appropriate medical treatment. Even if you plan to file a lawsuit regarding your accident, you should not wait to seek treatment. In fact, the documents produced by the doctors and medical professionals who treat you will probably prove to be essential to any legal action regarding the incident.
I can settle a personal injury lawsuit without an attorney
The law does not require you to retain a personal injury lawyer, but legal advice is always preferable to going it alone. An experienced personal injury attorney can:
- Advise you of the chances of wining your case
- Ensure that all legal filings and deadlines are met
- Explain the laws and processes surrounding your case
- Negotiate with the attorneys representing the other parties involved in your case
- Handle your case in a timely manner
Furthermore, most personal injury attorneys work on a contingency basis, meaning they receive no pay unless you win compensation for your injuries.
Filed under: AOP, Negligence | Tags: attorney, attorneys, health care, lawyer, lawyers, Malpractice, medical malpractice, Negligence
Personal injury law suits, by their very definition, revolve around the proof of negligence. If you are injured due to the actions of another individual or a company, then the legal definition of negligence becomes very important to you. If you cannot prove that the other party acted negligently when causing your injury, you are not entitled to compensation or damages under personal injury law.
This page provides a general legal description of negligence. It is not meant to replace consultation with an personal injury attorney.
Legal definition of negligence
The simplest legal definition of negligence is an individual or company acting carelessly in a way that leads to an accident. By carelessness, the law generally means any conduct that falls below recognized standards of protection for other people against unreasonable risks.
To elaborate on this important point, an individual has acted carelessly, and would be considered legally negligent, if he or she does not act as one would expect a reasonably prudent person to act in the same circumstances. However, in order to win damages or compensation in a court of law, the plaintiff must be able to prove that actions on the part of the defendant caused injury and that such actions fall below the reasonable social standard of responsibility.
For example, consider a trucker hauling large machinery along a major highway. Other drivers can reasonably expect those pieces of machinery to be sufficiently secured to that truck so that they do not fall and cause an accident. If the trucker has not secured those pieces of machinery, than he has engaged in a negligent act, and would be liable for any injuries caused to other drivers should his cargo fall from the tractor trailer.
Filed under: AOP, Personal Injury | Tags: attorney, attorneys, injuries, injury, lawyer, lawyers, personal injury
Finding the Right Attorney
Finding the right injury attorney can be difficult. Where do you start? What qualities should you be looking for? Here are a few questions to ask yourself when seeking a personal injury attorney:
- How much experience does my attorney have? In what area or type of injury?
- Has he or she handled cases like mine before? What was the outcome?
- Does this personal injury lawyer offer free initial consultations?
- How much do they charge? Is their fee dependant upon winning your case?
- Can I communicate with the attorney easily, in person or by other means? Can he or she clearly explain the issues?
- Do these personal injury attorneys usually settle cases in or out of court?
- Are they willing to go to trial to seek a fair personal injury settlement?
- How long, from beginning to end, is the typical litigation process they handle?
- How can I be sure the settlement I receive is fair and just? What can I do if I disagree?
Filed under: Negligence | Tags: attorney, attorneys, lawyer, lawyers, nursing home negligence
The ongoing challenge of improving the nation’s nursing homes continues and now there’s a new idea that could revolutionize the industry: cash incentives for well run facilities. The Centers for Medicare & Medicaid Services recently announced a new, four-state project to test whether cash payments will help improve quality and efficiency in nursing homes.
Never before tried in such a large test, the program will award points to facilities based on a number of important criteria. These include nurse staffing levels, avoidable hospitalizations, resident outcomes and citations received during inspections.
Facilities will receive performance dollars based on points earned. Funding the performance payments will come from the dollars saved through quality and efficiency improvements.
Nursing homes in four states will be included in the demo program, including facilities in Arizona, Mississippi, New York and Wisconsin. Running from July 2009 until June 2012, Medicare policy may be altered based on the results.
Could this program be just what the industry needs? Time will tell. Performance based improvement measures have worked in a number of other industries.
Filed under: Birth Injuries, Malpractice | Tags: attorney, attorneys, birth injury, c-section, cesarean, lawyer, lawyers, medical malpractice
In recent years, birth injury law has been inundated with issues surrounding cesarean section birth. Exploding in popularity, this once rarely used procedure is a lightening rod for controversy and lawsuits. Why is it used so often in today’s medical community? Soaring malpractice premiums, technology that sometimes sets off false alarms, physicians pressed for time and mothers-to-be conflicted by fear.
In the past eight years alone, New York babies born by cesarean section increased 42 percent. And nothing is slowing down this rate, which is alarming many groups around the country, including The World Health Organization, which calls for a maximum cesarean section rate of 15 percent. Anything above that “seems to result in more harm than good,” according to a 2006 research summary in the British medical journal Lancet.
All the stakeholders, including physicians, midwives, childbirth experts and researchers say that because mothers are older, more obese, more prone to multiple births and less healthy, the surgical risks are higher, which encourages the “safer” procedure of a C-section. Others contend that overused interventions to induce and augment labor, manage pain and monitor for fetal distress have driven cesarean rates to unnecessary heights.
“Women are getting cheated by not being encouraged to believe both in their ability to birth and that birth can be a positive experience,” said Christie Craigie-Carter, Hudson Valley coordinator of the International Cesarean Awareness Network.
Many mothers out there are left wondering why they were given a cesarean, some even find out after the fact. These mothers, who wanted to experience vaginal birth, were forced to under go a procedure that they didn’t want. “There is an awful lot of lying to women about cesarean,” said Dr. Marsden Wagner. “All of those thousands of women who are getting unnecessary cesareans in New York State are at double or more risk of dying and the babies are at risk of dying.”
If you are one of these mothers and believe you have a birth injury or medical malpractice case due to a C-section procedure or other medical process, contact our New York City attorneys today. We are conveniently located in Manhattan.
Filed under: Family Law | Tags: attorney, attorneys, dissolution, divorce, family law, lawyer, lawyers, separation
Dissolution of marriage
The Arizona legislative system uses the term “dissolution of marriage” in place of the common word “divorce”. This means that people file for and are granted a legal dissolution of their marriage—the word “divorce” does not appear on any of the official court-issued documents.
Arizona is a no-fault state which means that couples can dissolve their marriage without having to prove grounds for divorce. One or both parties can simple claim that the marriage is “irretrievably broken”—meaning no hope of reconciliation—to appease the court.
Deciding what “irretrievably broken” means among couples is a personal choice, and all Arizona residents are entitled to that right to decide when their marriage is over.
Covenant marriages
There is one exception to not having to prove grounds for divorce in Arizona. That exception occurs when a couple has a covenant marriage. A covenant marriage is legally distinct marital arrangement in which couples attend pre-marital counseling and accept limited grounds for marital dissolution.
Couples seeking to dissolve a covenant marriage can do so on one of several grounds:
- Adultery
- Abandonment for greater than 1+ year
- Felony conviction resulting in incarceration or capital punishment
- Domestic violence
- Living separate for greater than 2+ years
- Living separate under a legal separation for 1+ year
- Drug or alcohol addiction
- Both spouses agree to the dissolution
Obtaining a legal dissolution to a covenant marriage can be more difficult than a non-covenant marriage—especially when the couple is not in agreement to end the marriage. Talking to an Arizona family lawyer can help you understand the law and what you will need to do in order to be granted a legal dissolution to your covenant marriage.
Filed under: Personal Injury | Tags: accidents, attorney, attorneys, construction accident, laws, lawyer, lawyers, lein law
Construction lien law
In New York, contractors, subcontractors, laborers, or any other individuals or corporations who perform labor or improvements on real property may file liens with clients as a method of financial protection. A lien is, in its simplest form, a hold on property. In terms of construction lien laws in NY, it is a security interest to the title of the property that is being worked on. If the client fails to pay the laborer the agreed-upon amount, the laborer has grounds for obtaining the funds owed, which eventually can result in being granted ownership of the property.
Filing a lien
In general, laborers may file a construction lien at any time during the project, from when it is contracted through its completion. Under construction lien law in NY, laborers also have eight months after the completion of the work during which to file a lien, unless the property is a single family dwelling (in which case the laborer has only four months).
But more important than the window of time is that when filing a lien, laborers are required to provide their clients with sufficient notice of the lien, including the details of its terms. This must be done within five days before or thirty days after filing the notice of the lien, and the individual or company filing the lien must serve the property owner with a copy of the lien notice.
In cases when the laborer or contractor is unable to locate the client or property owner, NY construction lien laws offer alternative acceptable methods for providing notice. If the contractor fails to notify the client within 35 days, the lien will be legally terminated.
When the client fails to pay
Under NY construction liability law, property owners are allowed at least one year to pay the amount owed before the contractor or laborer may file NY construction litigation to foreclose the lien. After one year from the payment due date, the lien holder may file a lawsuit demanding payment within a certain amount of time, after which they may seek rights to the property.
When the client pays
More often than not, the client fulfills his or her financial obligations to the laborer. In New York, the property owner is also permitted to file a bond in the amount owed under the contract in order to fulfill the debt.
Once the lien holder has been paid, he or she should file a construction lien release in NY. This acknowledges payment and removes the lien holder from any entitlements to the property.
For any additional questions regarding liens in New York, contact a NY construction liability attorney from Burns & Harris who can advise you in all aspects of the lien process.
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