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Tag Archives: slip and fall

May 31, 2016 News
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Preventing a work injury and knowing your rights if you are injured at work

New York – Work accidents are common but often avoidable, according to a New York City worker’s compensation injury lawyer. However, many employees and employers alike are unaware of how to go about preventing accidents, injuries and death in the workplace. There are several areas of responsibility that are shared between employer and worker to ensure safety while on the job. These include work-sponsored trainings that involve both formal and informal instruction on how to use equipment and avoid injury in all necessary settings. Also included is the responsibility of the boss and managers to provide safety equipment, such as helmets, secure scaffolding, rigging, harnesses, gloves, eye goggles, ear protection and the like. They are required to make sure that the equipment is not only available but also not broken and with proper instructions. Unfortunately there is sometimes employer negligence when it comes to these necessary safety points, which can lead to an unsafe work environment and even a hazardous situation. Negligent maintenance of equipment is an easily overlooked danger when employers and managers place heavy pressure of deadlines and productivity on their workers. However, a major concern also exists for jobs that involve repetitive motions, slip and fall hazards, overexertion and falling from a height. There are things that employees can do to protect themselves and prevent accidents but some employers try to shift the burden of safety entirely to the worker. This is a concern and should be discussed with a work injury lawyer.

Beyond work accident prevention, work staff should become familiar with their responsibilities and rights if they’re injured on the job. This can include immediate notification of the supervisor or boss of the injury, calling an ambulance, going for emergency or immediate medical treatment, if needed and filing all necessary paperwork about the accident and injury. Employers are usually required to maintain a worker’s comp insurance policy to pay for medical treatment of the injury. The worker also has the right to speak to an accident lawyer that specializes in workman’s compensation injuries for assistance. An experienced law firm can assist with obtaining insurance benefits, hospital, doctor and treatment coverage as well as filing a worker’s comp lawsuit, if necessary. This informative article can explain more.

Illustrative Photo Credit: Bill Jacobus [License]

November 18, 2015 Case Success Stories
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$350,000 – Premises Liability – Slip & Fall Causes Ankle Fracture

When D. Kustov was 33 years old, she had a slip and fall accident while walking on private premises in Jamaica, New York. The accident caused her to break a bone in her ankle that required an open reduction internal fixation operation. The pain, swelling and difficulty walking remained and she was confined to bed for several weeks. Over that time, Ms. Kustov discussed her legal rights with the preeminent slip and fall injury lawyers of Morrison & Wagner, LLP in Manhattan. A grievance was filed against the property owner for negligent maintenance, along with a lawsuit for financial compensation. They asserted that the owner’s negligence created a dangerous condition that directly caused Kustov’s fall and injuries. After meticulous negotiation, the ankle injury victim won a settlement of $350,000 from the landlord of the property.

Read about more trip and fall cases here and here.

Photo by Wkc3 (Own work) [Public domain], via Wikimedia Commons

December 24, 2014 News
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MTA bus accident kills elderly pedestrian in Brooklyn

New York – A pedestrian accident in East Flatbush left the victim dead and the concerned public asking questions of the Metropolitan Transportation Authority. Police believe that the nearly 80-year-old man was walking in or near an intersection when a city bus ran him over. Sources say that the bus driver failed to yield to the pedestrian and knocked him down. An ambulance and paramedics responded to the accident scene and treated the injury victim. However, his injuries were so severe that the man was pronounced dead at the scene. The driver was arrested and charged with causing the fatal accident. Outcries have emerged from public safety advocates for increased bus and traffic safety in New York City. They explain that some bus drivers are too aggressive and don’t slow down for pedestrians, bicyclists or even other cars. This can create a serious hazard, especially when dealing with a large bus on busy streets. Some have pointed out that city and MTA officials have long known about the need for more training and increased penalties for dangerous drivers and speeders. They have expressed the hope that the police and city will start to take the dangerous condition seriously to avoid another bus crash and wrongful death in the future. Further investigation will be necessary to determine the safety training and driving record of the specific driver in this case. Experts say that bus accidents in the city are too common and can injure both passengers of the bus as well as other motorists, if not dealt with soon. Commuters have also complained about drivers who speed off too soon after picking up passengers, causing them to slip and fall while trying to get to a safe seat. Additional information about this bus crash is available here.

Illustrative photo by Chris (Own work) [CC BY-SA 3.0], via Wikimedia Commons

June 03, 2014 News
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Research shows high incidence of post-traumatic stress disorder in child accidents victims

A Swedish medical research study has shown that approximately 30% of children that are involved in an accident, develop post-traumatic stress disorder (PTSD). The condition is a well-described psychological disorder that leaves victims with a range of symptoms that can even become debilitating. Signs and symptoms of PTSD include nightmares, sleep problems, anxiety, depression, irritability, difficulty concentrating or getting along with others, mood swings, and recurrent thoughts of accidents. Some people develop difficulty breathing, a rapid heartbeat, sweating and phobias of places that resemble the scene of the accident. The diagnosis of the psychological injury usually comes from a psychologist or psychiatrist but can also be made by an astute family doctor, neurologist or trauma specialist. Doctors say that medications and intense therapy are often necessary to treat more severe cases of the disorder. However, specialists say that even more mild cases should be diagnosed and treated appropriately in order to avoid worsening of the condition. PTSD can certainly present differently in children compared to adults. The condition is also not necessarily associated with physical accident injuries. Therefore, experts note that a medical or psychological professional should examine children that were involved in an accident to screen for the condition even if the victim did not suffer outwardly visible physical injury. Trauma specialists explain that events that may cause PTSD can include a car crash, bicycle accident, pedestrian injury, drowning or even a slip and fall accident. They further note that child accident victims may interpret even minor accidents differently than an adult. That may explain the reason for the high incidence of the psychiatric injury in children. See this informative article about post-traumatic stress disorder for more details about the condition.

Illustrative photo by U.S. Navy photo by Mass Communication Specialist 2nd Class Michael C. Barton [Public domain], via Wikimedia Commons

April 18, 2014 News
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Construction scaffolding accident kills man in Manhattan

New York – A construction worker slipped and fell at a work site in the Midtown section of Manhattan. The victim died upon impact during the slip and fall accident after plummeting down approximately 13 stories. Work injury specialists have been in an uproar about the fatality due to multiple safety violations at the site. Investigations continue but witnesses have reported that the workman was not wearing a required safety harness while working on the scaffolding. Some also believe that the machinery and equipment were not properly secured and there were improper railings to protect the employees. Hardhat safety advocates warn that employers must make sure that all laws are followed, and not just during times of inspection by OSHA or the building department of the city. Construction accidents have high potential for more serious injuries and deaths according to experts and they note that negligence plays a big role in it. Many injured workers find it necessary to contact a worker’s comp lawyer in order to determine their rights and benefits. Employers and their workman’s compensation insurance companies are often responsible to pay not only for the medical bills but also for short- and long-term disability of the victim. However, a lawsuit case sometimes needs to be filed on behalf of an injured or sick worker due to disagreements regarding responsibility and employer neglect or carelessness. For more about the fall victim from the scaffold accident in New York City, check out this article.

Illustrative photo by Uploader. (Self-photographed) [Public domain], via Wikimedia Commons

February 17, 2014 News
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Pregnant woman run over by snow plow in Brooklyn parking lot

New York – A pedestrian was struck and killed in a snow plow accident during a snow storm clean-up. The accident victim was loading groceries into her car in a supermarket parking lot when the owner of the business was shoveling the lot with a small plow. The Brooklyn, New York store owner was backing up in a Bobcat construction tractor when he hit the woman. The mini-bulldozer truck is described as a construction vehicle that is strong enough to lift and move heavy loads while maintaining a fast speed. Unfortunately, all of that force caused serious injuries that killed the pregnant woman and left her fetus struggling to survive. Hospital officials report that they were able to deliver the baby via an emergency Caesarean section surgery. However, the baby has been left in critical condition due to lack of oxygen and the injuries from the crash.

Witnesses in the neighborhood have commented that the driver of the snow plow has operated it in a way that they described as reckless driving. This has included speeding around the parking lot, sidewalk and even the public street. Police will need to further investigate these claims and determine the cause of the accident. Some have contended that the dangerous driver is to blame for the crash that has left one woman dead and a baby seriously injured, fighting for his life. Public activists say that property and store owners have a responsibility to shovel and salt their parking lots, driveways, walkways and sidewalks in order to prevent a slip and fall accident. However, this should be done in a careful manner that doesn’t place the public in even greater risk of injury or death. Read this article for information about another woman who was struck and killed by a snow plow in New York.

Illustrative photo by Tennen-Gas (Own work) [GFDL or CC-BY-SA-3.0], via Wikimedia Commons

February 05, 2014 News
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MRI center on Long Island allows man into suite with metal

New York – An elderly man was allowed to enter the magnetic resonance imaging (MRI) room of an imaging center in Medford, New York while carrying a walker made from metal material. The strong magnet in the machine forcefully jerked the walker from his hands, causing him to slip and fall. The victim fell and hit his head, evidently leading to an intracranial hemorrhage and stroke only days later. The head injury and brain damage apparently soon led to the man’s death approximately two months later. The injury victim’s son expressed outrage about the incident and filed a medical malpractice lawsuit against those responsible. The case alleges that negligence on the part of the MRI facility’s staff caused a sequence of events that led to the patient’s wrongful death.

Healthcare experts explain that this type of medical error or accident is a known complication of MRI machines. MRI equipment creates an extremely powerful magnetic force that can pull metal objects across the room with enough speed and strength to cause injuries and death. Many cases have been documented of dangerous objects flying through the air in MRI facilities, including heavy steel oxygen tanks, ambulance stretchers, jewelry, pens or even belts and other articles of clothing. In addition, some medical devices can be a hazard when exposed to an MRI machine’s strong magnet. This can include cardiac pacemakers, aneurysm clips, metal surgical rods and screws, and medication pumps. The dangers of these devices shifting or being dislocated during an MRI must be taken very seriously when doctors and MRI staff select eligible patients. Yet another medical complication linked to MRIs is thermal burns caused by the powerful machines. Due to these dangers of MRI accidents, all establishments are required to maintain strict training and protocols to ensure patient and worker safety. This includes complete explanations to the patient, inspections and checklists to avoid anyone from bringing an unauthorized metal object that could cause an MRI injury into the suite. Some metal is allowed in if it is verified to not be attracted to strong magnets. According to a New York City medical malpractice lawyer, the responsibility to maintain patient and workplace safety remains with the staff and doctors of the MRI company. Read more about how to prevent getting injured during an MRI here.

Photo by English: Lance Cpl. Jonathan G. Wright [Public domain], via Wikimedia Commons

August 19, 2013 News
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Child injured coming off amusement park ride

New York — A young boy suffered severe leg injuries when he tried climbing down from a roller coaster ride in the Coney Island section of Brooklyn. The boy’s leg was injured when the roller coaster car ran over it and crushed the leg against the tracks below. He was taken from the scene by an ambulance crew and brought to a hospital emergency room for treatment of the leg injury and an apparent head injury with lacerations to his face. Reports from the scene show that the victim of the accident was easily able to slip out of the safety device and fall from the ride. Witnesses of the accident say that the amusement park ride was geared specifically for children but some feel that the proper safety precautions to protect young kids were not in place. They explained that child safety locks were not installed to make sure an accident or injury like this would be prevented. Some parents expressed concern over the dangers of these types of rides that are commonly found in amusement parks and fairs. They complain that workers and owners need to make sure that children are safe even if they get scared in the middle of the ride. Consumer safety advocates note that more regulations and procedures need to be followed to ensure that a child can’t slip out of seat belts or safety bars. In addition, staff should be more attentive to anyone standing up or trying to come off of the ride prematurely. Emergency brakes or safety devices should be installed and staff trained how to use them in order to prevent a fall like this. Updates about the calamity show that the boy, who is from Queens, NY, was not the only injured victim from the ride. His sister also sustained a leg injury and was taken to a different nearby hospital for medical treatment. It was unclear how the girl was hurt but some believe she slipped and fell while trying to help her brother. Investigations by city officials were initiated to determine if the ride had been properly maintained and inspected, as required. However, a top attorney specializing in accident and injury law reported that a private, more thorough investigation may be needed to determine if there was any negligence that contributed to the accident. Roller coaster accidents are, unfortunately, not uncommon, as can be seen from this recent roller coaster injury. Activists say that owners and management of amusement parks, fairs and carnivals need to continue working to ensure the safety of the public. Find out more about this amusement park accident here.

Photo by MamaGeek at en.wikipedia [GFDL or CC-BY-3.0], via Wikimedia Commons

June 18, 2013 News
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Traumatic head injury linked to long-term disability

Current research into concussion due to a head injury shows that the victim is much more likely to suffer in the future with degenerative brain problems. Medical research for centuries has acknowledged that head trauma victims commonly suffer with chronic memory loss and other cognitive injuries. However, this latest study shows that a concussion injury patient can also develop dementia or other degenerative brain disorders due to structural damage to the brain. This can leave the person who was hurt in an accident permanently disabled. Common causes of a concussion, also referred to as a mild traumatic brain injury, include a car crash, construction accident, pedestrian hit by a car or even a slip and fall accident. Some citizen activists as well as concerned doctors note that a new bicycle sharing program in New York City may lead to more head injuries and concussions. They have leveled concerns that the city should provide helmets when riders are using their bicycles in order to prevent more debilitating brain injuries. Accident specialist explain that a bicycle accident leaves the victim at significantly increased risk of injury or death due to lack of safety technology as would be found in a car. When a bicyclist is hit by a car, the wounded rider can be crushed by the car or even thrown into the air for several feet. The injury risk is even greater when the accident involves a bus or truck, as are commonly found on the streets of metropolitan New York. Some believe this is a significant liability and could constitute negligence if the administrators of the program know that riders don’t have reasonable access to safety equipment such as a helmet. They warn that making bicycles more accessible to the public comes with increased responsibility for their safety. Check out more on the latest research into post-concussion injuries here.

Photo by liz west from Boxborough, MA (MRIUploaded by Jacopo Werther) [CC-BY-2.0], via Wikimedia Commons