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Tag Archives: work injury

Police officers injured on the job in car crash

A car accident occurred on the highway leading to the Holland Tunnel approach into New York City. This set the scene for a subsequent car crash that injured several police officers. Reports show that responding police officers from the Port Authority of New York and New Jersey as well as Jersey City police departments were at the scene of the initial car collision. They were taking care of the accident scene and injured driver when another vehicle lost control and hit a barrier. That vehicle then hit one of the policemen and a police car, causing multiple accident injuries. The pedestrian accident caused one officer to suffer with serious injuries and several other cops suffered injuries as well. It is unclear why the two accidents occurred but specialists explain that distracted drivers often cause secondary collisions like this. They note that drivers often concentrate on the initial accident scene and flashing emergency lights and lose control over their vehicle. This is one of the reasons that many states, including New York, have created “move over laws” that require drivers to move over an extra lane on the highway or roadway when possible. This allows police, EMTs, paramedics and fire fighters a safer work environment. The prevention of workplace accidents and a work injury in these types of environments is challenging but necessary. On the job injuries are usually covered by worker’s compensation insurance. However, these insurance coverages can often lack a fair process or control to patients over their healthcare. Some find it necessary to hire a workers comp lawyer to help them fight for their rights. You can read more about this work injury here.

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Coronavirus protection plan in the workplace :: Employer’s responsibility?

New York – Many people are concerned about their own health as well as that of the people around them during this coronavirus outbreak. A common question that comes up is, what is the responsibility of the employer during these perilous times? Can an employer require workers to come in to work? Should they? Some jobs are vital for society and the well being of everyone. However, other jobs are less so and this should be taken into consideration by a boss. The driving force in decision making should involve the health and well being of employees and customers, and not just money. Workers should be encouraged to work from home or at off times when the office or workplace is relatively empty. In addition, the workplace should be kept clean and disinfected on a very regular basis to avoid getting workers and customers sick. A central thought of employers during this time must be to prevent a work illness or work injury. This may mean that a company will need to work on setting up the employee with adequate work-at-home accommodations and allowances as needed. Employers and companies should ensure a safer environment by also sending home any worker who shows any signs of illness, such as a fever, cough or shortness of breath. The concept is similar to the requirement on employers to provide a safe and healthy work environment in general. For example, good lighting in an office or warehouse to prevent a trip and fall; proper safety equipment on a dangerous construction site; or constant diligence to avoid broken equipment from improper maintenance. In addition, employers should make reasonable efforts to educate their workers and staff on how to protect themselves at work. Systems should be set up by managers and bosses to prevent clumping of customers and workers to prevent spread of the disease. Clear signs and instructions as well as any necessary personal protection equipment and safe cleaning supplies should be made available to staff and customers to prevent a dangerous situation. You can see this article for more guidance on how to prevent getting sick from COVID-19 in the workplace.

Photo for illustrative purposes only. Photo Credit: Senado Federal [License]

Construction accident injured worker in Nassau County

New York – A construction worker suffered traumatic amputations of his legs during a recent road construction accident. The injury victim was apparently hit by a falling object that made him fall into a hole during the job site accident. The work site was in the street near an intersection where heavy construction vehicles, including a backhoe, were being used to dig up a trench. The heavy object that fell and severed the hardhat worker’s legs was a metal plate according to witnesses. He then fell approximately 10 feet into a hole. First responders applied tourniquets and tried to control the bleeding. He was treated for shock and rushed to the hospital. Doctors were working on saving the injured man’s life while also trying to save his legs. Workplace safety experts will need to investigate the circumstances of this work injury to determine if proper safety equipment and protocols were in place or if there was even negligence involved. This article and video share further details about this workplace injury.

Photo for illustrative purposes only. Photo Credit: marc falardeau [License]

New York EMT injured at work on emergency call

New York – This is the second time within a couple of weeks where we report about an emergency medical technician (EMT) who suffered a work injury. Once again we learn of a story of an ambulance worker who was assaulted while on-duty, this time by the patient. The EMT was pregnant herself and taking care of an injured but intoxicated man, when she was assaulted by the patient. The drunk man punched the pregnant EMT in her stomach and then fled the scene. The emergency responder suffered injuries during the attack and was taken to the hospital for evaluation and treatment. Meanwhile, her attacker ran away and is being searched for by police. An injury lawyer specialist in Manhattan explained that a claim will need to be filed with the worker’s compensation insurance carrier since the injury occurred on the job. Worker’s comp insurance is a requirement for employers to take care of injured workers or those who become sick due to their job. In addition, the attacker in this case can face both criminal charges for the assault as well as a personal injury lawsuit from the woman. This could include not just injuries to the woman herself but also injury to the fetus. This more recent assault on an EMT worker and possible fetal injury is further discussed in this article.

Photo for illustrative purposes only. Photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

Increased construction injuries and deaths in New York City

New York – Construction accidents with injuries or deaths are on the rise according to statistics released by city officials. The Building Department says that there have been more reported deaths from construction accidents when comparing the current year of 2018 with reports from last year. Public safety experts blame the spike on the increased amount of building construction and renovations. Some have pointed out that the city safety inspectors haven’t been keeping up with the necessary inspections to ensure safety of workers and the public. Others believe that contractors and builders have taken advantage of the commonplace construction environment and have become lax about following safety guidelines. Workers sometimes complain about dangerous work conditions, including improper or lack of safety devices such as helmets, railings and harnesses. Even when equipment is available, workmen have noted negligent maintenance or lack of training provided to hardhats. They worry that profits make be a more important factor for employers than the safety of workers or the public. This situation can lead to a widespread hazardous condition and can easily contribute to a work injury or even wrongful death. Accidents include building collapse, falling debris, bone fractures and trip and fall accidents. See this article to understand more about the increased accidents.

Image for illustrative purposes only. Photo Credit: Pete Jelliffe [License]

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]

$375,000 Labor Law Settlement -- Work Injury When Construction Worker Falls Off Ladder

New York — This 51-year-old construction accident victim suffered leg fractures and other personal injuries while at work. The work injury occurred when the worker fell from a ladder. With the assistance of the labor law and injury specialists at Morrison & Wagner, the injured worker received a settlement of $375,000 from the defendant.

Illustrative Photo Credit: Jay Gorman [License]

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Labor law – fall from ladder – summary judgment on liability – tibia and fibula fractures with surgery (VerdictSearch)

Settlement Amount: $375,000

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Court: New York Supreme, New York County, New York

Case Type: Construction – Labor Law, Scaffolds and Ladders

Date: March 5, 1999

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner

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Facts:

The plaintiff, a 51-year-old laborer fell from a ladder on 1/11/95 while performing construction in Manhattan. The defendants owned and managed the building. The plaintiff was granted summary judgment against the defendant, pursuant to Labor Law § 240(1), and the defendant was granted summary judgment against Third-party defendant.

Injury:

Comminuted and impacted tibial fracture with lateral displacement; transverse fracture of the fibular shaft. The plaintiff underwent open reduction and internal fixation, external fixation, and a bone graft to the fibular fracture from the iliac bone crest.

Result:

This Labor Law action settled after jury selection for $375,000, plus the waiver of a $60,000 Workers’ Compensation lien.

Demonstrative evidence: Pltf. would have introduced photographs of injury; X-rays.

$500,000 Mediated Settlement -- Construction Worker Fell From Forklift

New York — A 54-year-old construction and demolition worker suffered a fall injury when he fell from a forklift truck. No safety equipment to prevent this had been issued to the man prior to this accident. He was left with a spinal injury. The injured worker consulted with an expert work injury attorney at Morrison & Wagner, who believed that the man was placed in a dangerous situation by the employer. The law firm helped mediate a $500,000 settlement payment to the injury victim.

Illustrative Photo Credit: D Coetzee [License]

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Worker fractured spine in fall off of forklift (VerdictSearch)

Mediated Settlement Amount: $500,000

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Court: Nassau Supreme, Nassau County, New York

Injury Type(s): back-fracture(fracture, L5); vertebra(fracture, L5); other-physical therapy; other-decreased range of motion

Case Type: Workplace – Forklift; Slips, Trips & Falls – Slips, Trips & Falls, Fall from Height
Worker/Workplace Negligence – Labor Law; Alternative Dispute Resolution – Mediation

Date: September 27, 2010

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts:

On July 30, 2008, the plaintiff, 54, a laborer, worked at a boatyard that was located in Oceanside. The plaintiff was demolishing an abandoned houseboat. The residual debris was being placed in drums, and the drums were being loaded onto a forklift, hoisted and transported to a dumpster. During the course of that operation, the worker fell off of the elevated prongs of the forklift. He fell about 10 feet, and he sustained an injury of his back.

The injured worker sued the demolition contractor that hired him, the premises’ owner, and the companies’ common principals. The plaintiff alleged that the defendants violated the New York State Labor Law.

The injury victim, who claimed that he regularly worked for the company, contended that the defendants had not provided a harness or any other equipment that could have prevented his fall. The plaintiff’s expert engineer opined that the absence of such equipment created an unsafe working condition.

The injured man’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

One of the defendants contended that he had directed the company’s supervisor to fire the workman during the day that preceded the accident, but that the supervisor did not heed the instructions. The defendant claimed that he was not aware that the plaintiff had not been fired.

Injury:

The work accident victim sustained a fracture of his L5 vertebra. He was transported to a hospital, where he underwent five days of traction. His hospitalization lasted five days, and he subsequently underwent physical therapy.

The plaintiff claimed that he suffers a permanent residual reduction of his back’s range of motion, and he contended that he cannot resume work. The man’s expert orthopedic surgeon determined that Galvan sustained a severe injury and that the plaintiff cannot ambulate without the use of a cane.

The worker sought recovery of his future lost earnings and damages for his past and future pain and suffering.

The defendant’s counsel reported that he commissioned production of a post-accident videotape that proves that the plaintiff does not require a cane.

Result:

Each side moved for summary judgment, and the defendant’s insurer commenced a declaratory-judgment action that could have established that the insurer’s coverage did not extend to people who were working at the boatyard. During pendency of the motions and the declaratory-judgment action, the parties negotiated a settlement, which was finalized via the guidance of a mediator. The defendant’s insurer agreed to pay $500,000, from a policy that provided $1 million of coverage.

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Judge: Thomas A. Adams, Joseph P. Spinola

Editor’s Comment: This report is based on court documents and information that was provided by plaintiff’s and defense counsel.

$990,000 Worker’s Compensation Settlement – Electrician injured hip and pelvis on the job

Mr. Sabet, an electrician in New York City, worked for a contractor when he suffered an injury to his hip and pelvis. His on- the job injury required two orthopedic surgeries and extensive physical therapy. Despite his medical care, Mr. Sabet contended that he was left with physical disabilities that would prevent him from returning to work as an electrician.

He consulted with the well-known worker’s comp lawyers at Morrison & Wagner LLP, an injury law firm in New York City, with a successful history of recovering money for work accident victims. With their help, Sabet filed an injury lawsuit against his employer, demanding compensation for damages, pain and suffering.

Details of the worker’s injuries, his pain and suffering as well as past and projected future expenses — due to the injury — were submitted by experts, as part of a life care plan. Morrison & Wagner contended that due to the injuries, the disabled worker would be restricted in his available lines of work, required re-training to adapt to new lines of work, and would not be able to return to his professional career.

Morrison & Wagner LLP succesfully resolved the work injury claim. The employer settled the case and agreed to pay $990,000 to the NY work injury victim.

Have you been injured at work? Tell us about it – it’s a free consultation!

Photo by U.S. Fish & Wildlife Service – Pacific Region’s [CC-BY-2.0], via Wikimedia Commons

Multiple workers injured by construction accident in Manhattan

New York – Four demolition workmen suffered varying degrees of injuries during a work accident at the construction site where they were employed. Accounts from witnesses at the scene explain that the laborers were working on internal demolition in the building that had been undergoing extensive renovations. Heavy debris, possibly a section of a metal railing, came crashing down onto the workers, causing crush injuries. However, reports show that the men may have also suffered fall injuries after the construction debris knocked them down. Some reports noted that there was a partial building collapse that caused the accident. A large rescue force quickly arrived at the accident scene and extricated the four wounded victims, taking them to the emergency room for urgent treatment.

Investigations into the cause of the work accident are ongoing, with New York City building safety officials and OSHA investigators looking into the facts that led to the incident. Suspicions of unsafe work conditions have arisen due the history of the buildings department having shut down the very same worksite several times. Records show that the construction site had been deemed dangerous in those previous incidents but that no work injury had been reported prior to this. A statement from the owner of the building explained that there was, in fact, no building collapse and that a licensed construction site safety manager working there at the time of the accident. Find out more about this demolition accident and injured workers here.

Illustrative photo Credit: Luigi Rosa [License]