Know Your Rights2018-08-26T16:13:46+00:00

WHAT ARE MY RIGHTS?

what are my rights

Everything You Ever Wanted to Know About Bicycle Accidents

Many cities, including New York City, are encouraging residents and visitors to use bikes to get around the city.  There are more bike lanes being put in every day, and you can rent a "Citi-bike" just about anywhere.  It's not surprising that this has resulted in an increasing number of bike accidents citywide.  They only have two wheels, so they are easy to tip over when they are hit by a car.  There is no protection other than a helmet for the bicyclist, so injuries from bike accidents tend to be serious.  If you are injured in a [...]

Injured Construction Workers Have Rights Under Labor Laws

Labor Laws protect construction workers injured on the job.  New York’s Labor Laws impose a heavy duty on employers to provide a “safe place to work.”  There is special protection for Construction Workers injured while doing work such as renovation, demolition, alteration or repair of buildings and other structures.  The justification for these laws is that construction work is an extremely dangerous profession, and employers should be discouraged from “cutting corners” on safety with these strict laws.  Injured construction workers have protection under these laws that allow them to sue their employers in addition to collecting Workers Compensation benefits. Section [...]

New York’s “Scaffold Law” Protects Injured Construction Workers

New York State Labor Law § 240/241 was one of the first labor laws enacted in the United States.  It predates the Occupational Safety and Health Administration (OSHA) and Workers Compensation Programs.  It was enacted in 1885, and despite lobbying to repeal it, has survived to this day. A similar law in Illinois was repealed in 2013.  There is even a website scaffoldlaw.com, dedicated to “Scaffold Law Reform,” with scurrilous claims that the laws actually makes worksites “less safe.”  Why is a law that protects injured construction workers so controversial? So, you must be wondering now, what’s the big [...]

Who’s The Best Accident Attorney in New York City?

If you’ve been injured in accident, you might be wondering, "Who's the best accident attorney in New York City?" Just like you would want to find the best doctor, auto mechanic or interior decorator, you want the best lawyer.  Of course, you do! But how is “best” defined? There’s a little dive in Chinatown that has the “best” dumplings, but I know some of you would say the food is “weird” and “Where’s the chow mein?”  McDonald's has served billions of customers, but are their hamburgers really the best? I prefer mine cooked rare, on a brioche with swiss [...]

What Happens if the Car Accident is My Fault?

Lawyers are always offering advice on what to do if you are involved in a car accident that’s not your fault.  This is because when somebody else causes the accident, lawyers can represent you in claims for compensation. It is also important to know what steps to take if you are at fault for causing an accident. So you are driving down the road and your phone rings.  You are momentarily distracted and hit the car in front of you in the rear.  The accident is your fault! You are hurt and so are the people in the other [...]

What are My Rights After a Hit and Run Accident In Queens?

There are few things more shocking than being seriously injured in an accident, and seeing the other driver take off.  Recently, one of my clients was walking ON THE SIDEWALK when an out of control car went up ONTO THE SIDEWALK and hit him.  His leg was broken in several places and thankfully some people inside adjacent homes heard the noise and called for an ambulance and the police.  He was successfully treated for his injuries and the police caught the driver, who is being charged.  This bring us to the question of legal rights to compensation after a [...]

Rate Jumping- It’s Not Worth It!

Rate Jumping- It's Not Worth It! While driving around in New York, you will sometimes see cars with out of state license plates. Some people may very well be driving into the city from neighboring states, or even from Florida for vacation. It is highly probable however, that there may be some who have kept out of state license plates to partake in “rate jumping”. What is “rate jumping”? In the auto insurance arena, rate-jumping refers to listing an address from a place with less traffic, instead of your actual place of residence, to benefit from cheaper insurance rates. [...]

Trump Guts Worker Safety

According to the AFL-CIO, Trump’s is obliterating worker safety regulations, resulting in an increasing number of worker deaths and injuries, especially in dangerous occupations such as construction. Construction accidents which maim and kill workers increase and protections for their health and safety are abolished.  Due to these changes construction worker safety is at a 21st Century low, with accidents on the rise.  Here are some examples of changes in laws and regulations: Repealed an Occupational Safety and Health Administration rule requiring employers to keep accurate injury records (PL-115-21).  Clearly, maintaining records of injuries is important so that employers [...]

Why You Need a Specialist to Handle Truck Accident Cases

People are always asking about whether they should hire a Truck Accident Lawyer NYC.  They might have been referred to somebody in their Neighbourhood by a friend or family member, but is that really who they want to handle their truck accident case?  Truck accidents have specific laws and regulations that apply, and inexperienced attorneys are usually not the best choice.  If you’ve been seriously injured in a truck accident, you need to hire the Truck Accident Lawyer NYC that’s been handling these cases for generations. New York requires all vehicle owners to carry minimum liability policy limits of [...]

President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today

President George Bush’s Legacy- 7 Ways How the ADA Impacts Us Today A little over a week ago, on November 30, 2018, we lost our 41st president. George H.W Bush served as president from 1989-1993, and prior to his presidency, served as vice president from 1981 to 1989. Though we may not agree with all of his policies, the American Disability Act passed during his administration continues to be a major contribution to our society. The American Disability Act (ADA) was signed into law on July 26, 1990 and was implemented with the goal of increasing inclusion for persons [...]

What You Need To Know About Side-Impact Car Accidents

When a vehicle crashes into the side of another car, this collision is called a side- impact car accidents/collision. It may increase the vehicle occupants’ risk of suffering severe injuries or even death.  The way an accident happens is important in determining liability, and also for showing causation of the injuries claimed.  That’s why it’s important to understand the logistics of side-impact collisions. You will also know where to find the best of Brooklyn, Manhattan, Bronx, Staten Island, and Queens Car Accident Attorney. There are many people who get injured due to such car accidents every year. Some of [...]

HISTORY OF BUILDING CODES

Did you know that there have been building codes dating back to 2000 BC?  Authorities of the time were eager to create rules and records, and to create structures that were more reliability unlikely to collapse and kill people.  When buildings feel on people, it didn't make Kings look good! The most elaborate and building code of ancient times was the Code of Hammurabi, which is well-known as the first full-blown law book.  Unlike today when enforcement of building codes can be lax, under the Code of Hammurabi a builder that collapses, killing workers and occupants, would be [...]

History of Construction Accidents

Sadly, despite efforts to regulate the industry, builders have found it more cost effective to pay fines than to employ safety measures.  This has resulted in a history of preventable fatalities on construction sites that is heartbreaking.  We learn in school about these great achievements, but little is told of the collateral damage to workers, as a result of an intentional disregard for safety.  This trend continues as construction projects continue to ignore safety protocols putting their workers at risk for fatal construction accidents.  Until there are criminal penalties imposed on builders, this trend is likely to continue.  [...]

10 Laws To Be Thankful For!

10 LAWS TO BE THANKFUL FOR! As Thanksgiving quickly approaches, this is a perfect time to reflect on what we’re thankful for. What better place to start with than the law? There are many laws in effect that we take for granted- many of which plays a huge role in our everyday lives. 1. “Restaurant Culture” - Laws Protecting Us When We Eat Out New Yorkers love eating at new restaurants, food fairs, or from various street vendors. That trust begins with knowing that there are laws in place which require strict adherence, with food safety inspectors on the [...]

What To Do After A Car Accident in New York?

Accidents can strike with no notice.  This blog will help you be prepared if you, or somebody you know, is involved in a car accident.  It is very important to know what to do immediately after an accident, and equally important that you hire the best attorneys if you suffer serious injuries in the accident.  The very best Queens, Brooklyn, Manhattan and Bronx car accident attorney can make sure that everything is done properly to pursue your claim. What to do after a car accident? Call 911 to report the car accident. Go to the hospital to get checked [...]

Get Yourself the Best Brooklyn Car Accident Attorney!

  Brooklyn has one of the highest rates of accidents in the country, and a higher rate than other parts of New York City.  That’s why insurance rates in Brooklyn are higher than in other parts of the City.  If you have never been the victim of a crash, it’s easy to assume it will never happen, but it’s much better to be prepared. Having a relationship with a top Brooklyn Traffic Accident Attorney can save you time and money should tragedy strike. There are so many attorneys, why not choose a Brooklyn Car Accident Attorney that’s been getting [...]

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WHAT ARE MY RIGHTS?

If you are wondering, “What Are My Rights?”, you can find help here.  There are Federal, State and Local laws that give rise to claims when people are injured by others or by the government.  A personal injury attorney can help you assert these rights when you are able to state a valid claim.

So, you can ask something simple like, “What are my rights when I am injured in a car accident in New York?”  Most of the time, you will be covered for medical, lost earnings and out-of-pocket expenses by “no-fault insurance.”  If you are working at the time, and not an “independent contractor,” Workers Compensation Benefits will apply.  You have the right to sue the “at-fault” vehicle for pain and suffering, future economic damage and other causes of action.

Less simple is the question, “What are my rights when I am fired from my job?”  If you are not a member of a union, and do not have an explicit employment contract, you are likely an “employee at will,” and subject to termination without cause.  So unless you have been discriminated against, there’s usually not much that can be done.

I am asked all the time, “What are my rights when my neighbor is harassing me,” – can I sue them.  Technically, yes, you can sue them – you could march yourself to the courthouse and file a “summons and complaint,” but it will be expensive to bring this case and it will take years to get to trial – most likely you will not be able to collect on the judgment.  So what to do – CALL THE POLICE.  Harassment is a criminal offense and law enforcement is your “lawyer.”

“What are my rights when I am bitten by my neighborhoods dog?”  Your neighbor is responsible for the control of their dog, and if you are invited on to their property, or the dog enters your property – and bites you in the shin –  can sue them.

“What are my rights when my neighbor has junked cars and construction supplies on their unfenced property – and the local children play with it?”  You can sue for creating an “attractive nuisance,” but a call to the police might work better here.

WHAT ARE MY RIGHTS?