Construction Accidents and New York's Labor Law
Devastating injury and death are too common at New York Construction sites. Heights, heavy machinery, heavy materials and a rush to get things done without proper safety precautions takes an awful toll on New York tradesmen and laborers. The result is well paid careers cut short by injury and disability or even death.
Creedon & Gill attorneys are uniquely qualified to handle difficult Labor Law cases, frequently teaching other attorneys about the Labor Law and with experiences like being lead counsel in an eight defendant matter involving a worker paralyzed from a fourth story parapet, or as attorneys for the lead Plaintiff among fourteen union tradesmen injured in an elevator disaster
If you have seriously injured construction accident should get an experienced construction accident attorney involved as soon as possible. Your attorney should take steps immediately to preserve crucial evidence in your case, evidence which might other wise disappear - either inadvertently as construction progresses or intentionally to hide the blame. An aggressive attorney will be in Court the same day you contact him to get an order to stop construction until your accident scene can be photographed and inspected by an expert.
An experienced construction accident attorney will help you with your workers compensation case, which is a case within your case. An aggressive attorney will work closely with a top notch workers compensation attorney, or may handle your case himself if there are unique circumstances, such as responsible parties trying to blame you for your own accident. If it is necessary for you to seek short or long term disability he will help guide you through that process.
An experienced construction accident attorney will known the intricacies of New York's complicated Labor Laws, and begin preparing your case for trial from the first day. He will know what experts are needed to help prove what went wrong in your case and who is responsible, what experts are needed to proved your medical damages and your past and future economic damages.
An experienced construction accident attorney understands the kind of economic strain that an injury that puts a tradesman out of work can cause, and will work with you to do everything possible to lessen that strain. Creedon & Gill attorneys are experts in handling construction accident cases and will work tirelessly and passionately to get you the justice and compensation you deserve.
WHAT THE LABOR LAWS SAY
Section 240(1) of New York’s Labor law is known as its “Scaffold” Law. It is unique among Laws because it requires a finding of strict liability against Owners and General contractors in situations where a construction worker is injured by a fall or struck by a falling object. Under the Scaffold Law, whether or not a worker had some role in causing his own accident is not taken into consideration.
Section 240(1) of the Labor Law states:
All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
According to New York Courts “Section 240 is intended to place the ultimate responsibility for building practices on the owner and general contractor in order to protect the workers who are required to be there but who are scarcely in a position to protect themselves from accidents,”
The Court's say that this law is “to be liberally construed to achieve this purpose”, and that the law “impos(es) a non-delegable duty upon owners and general contractors to provide safety devices to protect workers from elevation-related risks, with liability attaching where violation of that duty proximately causes injuries.”
Two other Labor Law Sections apply to many other construction site accidents.
New York Section 241(6) "implements" New York's Industrial Code. The Industrial Code describes detailed and specific ways in which construction and demolition activities have to be conducted in New York; everything from how strong a cover over a hole in a floor has to be, to what kind of sling is necessary in a hoisting operation, how often on going inspections have to be made in demolition work and even ensuring that the floor is kept clean of tripping hazards.
Finally Labor Law Section 200 "codifies" what is known as common law negligence. Even if Sections 240(1) and 241(6) of the Labor Law do not apply to a workers accident, an owner or contractor who's negligence causes an injury to a worker will be responsible for compensating him for that injury.
If someone you love is injured by Nursing Home Abuse or Neglect you should get an experienced Nursing Home Abuse or Neglect attorney involved as soon as possible. Your attorney should take steps immediately to preserve crucial evidence in your loved one's case, evidence which might other wise disappear - either inadvertently as day to day operations go on, or intentionally to hide the blame.
An experienced Nursing Home Abuse and Neglect attorney understands the kind of economic and emotional strain that an injury to a loved one can cause, and will work with you to do everything possible make things right. Creedon & Gill attorneys are experts in handling construction accident cases and will work tirelessly and passionately to get you the justice and compensation you deserve.
Handling a Nurse Home neglect of abuse case can be difficult because some claims against a Nursing Home will amount to Medical Malpractice claims, while others will consist of legal Negligence claims. The rules, timelines and handling of these different types of claims are very different, and failing to understand the distinction can cause a case to be lost outright. For example the one of the most common causes of preventable injury in a Nursing Home setting, patient falling while either in or out of a bed, can involve both Medical Malpractice and Negligence claims.
Getting the attorneys of Creedon & Gill involved can mean the difference in getting your loved one the care, compensation and justice they deserve.
ELDER ABUSE AND NEGLECT
According to the Centers for Disease Control and Prevention (CDC), more than 500,000 older adults over the age of 60 are abused or neglected each year.
The Administration on Aging, a division of the Department of Health and Human Services, defines elder abuse as, "any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult."
The CDC identifies six types of maltreatment that occur among people age 60 and older. These are physical abuse, sexual abuse, emotional abuse, neglect, financial abuse, and abandonment.
Slapping, pushing, and hitting all constitute physical abuse. The improper use of physical or medicinal restraints also falls into the category of physical abuse. But as you can see from this list, elder abuse isn't limited to the physical.
Generally speaking neglect is defined as any failure by a caregiver -- whether it is hired staff or even a family member -- to fulfill the obligations related to the older person’s care. Because an elderly person’s needs are so wide-ranging, the forms of neglect can be just as varied. Typically they include any denial of needs related to shelter, food, clothing, hygiene and medical care.
SIGNS OF ABUSE AND NEGLECT
Physical abuse: unexplained injuries such as bruises or broken bones; burns; frequent use of medical providers. Emotional abuse: fearful behavior; anxiety; severe and unexplained changes in moods or personality; fear of interacting with nursing home staff or care givers; refusal to see family members or close friends; withdrawal from social support system; hesitation to talk openly.Sexual abuse: development of sexually transmitted diseases; genital or anal pain, injury or bleeding. Neglect: unexplained injuries, malnourishment; lack of basic necessities such as food, water, poor hygiene, shelter; bedsores or skin ulcers; medical needs not attended to; unpaid bills. Abandonment: unsanitary or unclean living conditions; soiled bedding or clothing; lack of proper medical treatment.Financial exploitation: discrepancies between the person’s standard of living and available assets; unexplained depletion of assets; unexplained financial transactions; missing personal
When abuse or neglect occurs in the nursing home setting, the facility can be held liable if any of the following played a part in causing harm to a resident or patient: negligent hiring, understaffing, inadequate training, breach of statutory or regulatory obligations, and medication errors. The facility is also "vicariously liable" for the bad acts of its employees, including most actions taken in the course and scope of the worker's job responsibilities.
As part of a resident’s care, nursing homes often hire contractors or otherwise outsource various tasks to third parties. Those third parties may also be liable for abuse or neglect of a resident. For example, if another resident -- or a guest visiting the nursing home -- injures a resident, the private security firm providing security to the nursing home may be liable for negligence, and therefore financially responsible for damages.
IF ELDER ABUSE OR NEGLECT IS SUSPECTED
If you are a victim, or if you suspect that someone you know is a victim of elder abuse or neglect, you should immediately call the police or Adult Protective Services and get the attorneys of Creedon & Gill involved. You do not need to prove abuse in order to make a report. To get started, go to the National Center on Elder Abuse "Reporting Abuse" resource page.
If you are concerned about potential problems at a nursing home or assisted living facility resident, your state’s long-term care ombudsman can also serve as a resource. To find your local ombudsman’s office, call the U.S. Administration on Aging at 800.677.1116 or go to www.eldercare.gov.
NURSING HOME ABUSE AND NEGLECT
Motor Vehicle Accidents
Motor Vehicle Accidents cause devastating injury and death. If you are badly hurt in a Motor Vehicle Accident you should immediately retain an experienced Motor Vehicle Accident attorney to help you through the maze of problems these kind of present. At Creedon & Gill we are expert Motor Vehicle Accident attorneys and will be aggressive and passionate in handling your case and making sure you get the justice and compensation you deserve.
AN IMMEDIATE INVESTIGATION
A serious Motor Vehicle Accident needs to be investigated on a victims behalf immediately. Time is of the essence and a good case can be lost because of just a few days delay.
An experienced Motor Vehicle Accident attorney will identify witnesses and preserve their statements, collect evidence like CCTV or intersection videos, get photographs of all vehicles involved in the accident, document skid marks and debris fields where the accident happened and even obtain “black box” information from the vehicles involved.
NEW YORK'S "NO FAULT LAWS"
To complicate matters, dealing with the aftermath of a Motor Vehicle accident can be a nightmare because of the complicated insurance scheme imposed by the State of New York.
Many people have heard of New York’s “No-Fault” insurance, but few are sure about its details or how it will practically affect their case.
In simplest terms, every New York automobile policy of insurance is required to have “Personal Injury Protection” coverage which will pay up to $50,000.00 in “basic economic loss” for lost wages and medical expenses. This means, in theory, that your own insurance company will pay your medical bills and lost wages up to $50,000.00 without regard to who caused the car accident.
In practice “No Fault” can quickly become a nightmare in the way it affects medical treatment and the outcome of an accident victim’s case.
Medical bills can be “denied” in whole or in part by an Insurance Company, causing Doctors to demand that they get paid out of pocket or be given a “lien” against any future recovery in a personal injury case.
Legitimate lost wage claims can be challenged with the demand that an accident victim supply tax returns, earning statements, tons of documents and even submit to an Insurance Company “Examination Under Oath”.
INSURANCE COMPANY DOCTORS
An accident victim will be required to see one or more Insurance Company Doctors who make a determination about whether victim should be “cut off” and denied further treatment. When that happens it can force an accident victim to stop treating altogether, even if they need further treatment. This is aggravated by private health insurance coverage the victim may have, such as from work, often refusing outright to pay for injuries “caused by a car accident”.
There may be more money from additional types of No Fault insurance available to an accident victim depending on their policy provisions. Obtaining coverage from these kinds of insurance coverages, such “Excess” or “Supplemental” Personal Injury Protection coverage, can require the patience of a Saint.
To complicate things further, New York State does not require very high levels of “liability” insurance for automobiles. “Liability” insurance is what will pay an accident victim for their pain and suffering, and damages not covered by No Fault. An automobile in New York can legally have a little as $25,000.00 of coverage available to compensate a victim of an Motor Vehicle accident.
That is virtually no compensation at all for a seriously injured accident victim.
In a case like that the victim may look to make a recovery from their own policy under what is called “Under Insured” coverage. In effect this means suing the victims own insurance company, under a completely different set of rules and procedures from those that apply to a law suit.
The victim may need to be aggressive in determining if anyone other than the other driver was responsible for the accident, such as the State or County because of the way the road was designed or maintained. And if the State or County need to be sued timeframes are razor thin, requiring proceedings begin as soon as 90 days after the accident.
Finally, even when an accident victim gets to the Court House steps New York’s “No Fault” insurance scheme does not stop complicating things and getting in the way of fair and just compensation.
SERIOUS PHYSICAL INJURY
Under New York’s “No Fault” laws, a motor vehicle accident victim does not merely need to prove that they were hurt by someone else’s Negligence in order to establish their right to be compensated for pain and suffering, lost wages and medical expenses.; they need to prove that they suffered one of six legally defined “Serious Physical Injuries” before they can move forward to a recovery.
Sometimes this can be obvious, like when there is a fracture. But very often the kind of tearing and shearing of ligaments and tendons in shoulders, necks, backs and spinal discs that can devastate a Motor Vehicle Accident victim will be refused compensation by an Insurance Company on what is called “Threshold” grounds.
Even if a victim has had surgery, even neck surgery, an Insurance Company may try to have the case thrown out of Court. Litigating these issues and winning on them is one of the most difficult things facing a Motor Vehicle Accident victim.
It is important to get an experienced attorney involved right away when you are in a serious motor vehicle accident.
CREEDON & GILL EXPERIENCED AND EXPERT MOTOR VEHICLE ACCIDENT ATTORNEYS
At Creedon & Gill we are experienced and expert Motor Vehicle Accident attorneys. We will be aggressive and dedicated in making make sure all of these issues, and any other needs you have, are professionally and passionately cared for.