WORKERS COMPENSATION LAWYER
COMMON TYPES OF WORKERS COMPENSATION ACCIDENTS
- TAXI DRIVERS Some types of taxi drivers are covered by Worker’s Compensation, such as drivers for fleets. Owner/Drivers are usually not covered. It’s a good idea to check with a workers compensation lawyer who can investigate your coverage.
- SLIP AND FALL When you are injured in a slip and fall at work, you cannot sue your employer unless you meet the exceptions below. If you are seriously injured, you will need the help of a workers compensation lawyer to get you the benefits you are entitled to under Workers Compensation Law.
- CONSTRUCTION ACCIDENTS Due to the inherently dangerous nature of construction work, Worker’s Compensation law provides additional compensation in many cases. If you are seriously injured in a construction accident, you should call a workers compensation attorney immediately.
YOU USUALLY CANNOT SUE YOUR EMPLOYER, BUT THERE ARE EXCEPTIONS
- If your employer fails to provide workers compensation insurance
- If your employer intentionally harms you
- Under Section 11 of the Workers Compensation Law in NY, it is an exception if you sustained “grave injuries” such as:
death;
permanent, total loss of use or amputation of arm, leg, hand or foot;
loss of multiple fingers or toes;
loss of index finger;
paraplegia or quadriplegia;
total, permanent blindness or deafness;
loss of nose or ear;
permanent, severe facial disfigurement; and
acquired brain injury related to physical force that results in permanent and total disability.
An experienced workers compensation lawyer will be able to apply the facts to the law and tell you whether or not your injury meets the standard for these exceptions.
THE SCAFFOLD LAW
There is another exception primarily intended for Construction Accidents. In New York, this is referred to as The Scaffold Law(NYS Labor Law sections 240/241), which allows workers injured by elevated falls to hold general contractors and property owners “absolutely liable” for their injuries, regardless of the employee’s own negligence or mistake, no matter how obvious or serious. The intention of the law is an incentive for employers to make workplaces are safer as possible, but business interests protest the cost of these safety precautions as an impediment to business growth.
YOU CAN SUE A “THIRD PARTY”
When you have an accident at work you should also consult a Personal Injury Attorney to investigate whether, in addition to Workers Compensation Benefits, it is possible to sue a “third party” whose negligence was at least in part responsible for your injuries. In some cases, it’s obvious, such as a taxi driver hit in the rear by another vehicle. Clearly, the driver can sue the driver that caused the traffic accident. If a delivery person drops a box on you, causing you to fall, you can sue HIS employer for his negligence. Sometimes it’s not clear at first whether a third party is responsible. For example, when a machinist is injured it may be due to poor maintenance of the machine by an outside contractor who could be sued for negligence. That’s why you should seek a consultation with a workers compensation attorney and a personal injury attorney to know all your rights.
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 out. Gain appropriate information from any eyewitnesses at the accident scene. Document the details of the accident [...]
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 great results for generations? Having a great attorney by your side is very helpful! You are minding [...]
Mark Your Calendars – Set Your Timers – Time to Vote!
What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever. So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm elections will take place on Tuesday, November 6th. As always, polls around New York City and Long [...]
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined and turned back, corroding the Voting Right Act’s [...]
What is New York Doing About Sexual Harassment in the Workplace?
What Is New York Doing About Sexual Harassment in the Workplace? wittenstein.com The effect of allegations of sexual harassment being brought to the center stage has rippled beyond courtrooms, into peoples’ homes, workplace, and now legislation. Starting on October 9th, all employers in New York state will be required to have a Sexual Harassment prevention policy that meets or exceeds the minimum requirements set by the law. A written or electronic copy of the policy and annual training must also be submitted to all employees. Below you will find some of the other provisions of the updated sexual harassment law as outlined by Governor Cuomo: “All state contractors must submit an affirmation that they have a [...]
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]
WORKERS COMPENSATION LAWYER
Not all serious injuries show up on X-rays, and a follow-up with a specialist, including testing such as an MRI might indeed show a serious injury.
Section 5102(d) of the New York State Insurance Law gives guidance for what is legally considered a “serious injury.”
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- A permanent loss of use of a body organ, member, function or system
- A permanent consequential limitation of use of a body organ or member
- A significant limitation of use of a body function or system
- A “medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.”
In order to make a claim for pain and suffering in New York, an injured person must legally prove that they have a serious. Let’s look at each of the categories:
- When somebody is killed in an accident, they will have a “wrongful death” claim, with its own rules and regulations.
- Dismemberment is when a part of the body is lost, such as losing a finger or arm. This is obviously “serious.”
- Significant disfigurement can take many forms, but often it is a scar in a prominent place. This can happen when a laceration does not heal well, and is an injury that might not show up on an x-ray.
- Fractures show up on X-rays and even the smallest fracture will meet the “serious injury” threshold.
- It must be proven that the loss of the fetus was caused by the accident, and did not happen spontaneously or for some other reason.
- This item can apply to a serious “soft-tissue” back injury, neck injury or other injuries that cause a permanent loss of use of a body part – such an nerve damage that causes paralysis, which might not show up on an x-ray.
- When a body part sustains a permanent “limited range of motion,” it is considered a serious injury.
- Very similar to number 7, but referring to different parts of the body
- When a person loses time from work or other activities for 90 days during the first 180 days after an accident, it is considered a “serious injury” even if there is a full recovery.
If you are feeling pain after an accident, you should see a doctor for a follow-up and consult a personal injury attorney, even if all your x-rays at the emergency room are negative.
Children Bullied at School – There IS Something You Can Do About it!
CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it. When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies. We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate. In other words, children bullied at school now have rights. The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance." It must be [...]
Psychological Injuries Lawsuits
Some psychological injuries are so severe that they can be as disabling as serious physical injuries. When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit. This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track. With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic. Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your being and cause you to think less of yourself. [...]
THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN
Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all. Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held. Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his [...]
Do I Need a Pediatric Malpractice Attorney?
Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice. It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur. Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area. A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones? That's because children have growth plates which an orthopedist that treats adults may not have [...]
New York No-Fault and Serious Injury Threshold Deciphered GalleryNew York No-Fault and Serious Injury Threshold Deciphered
Car Accident Attorney, Car Accident Lawyer, Forest Hills Personal Injury Attorney, Forest Hills Queens Injury Lawyer, Injuries, Injuries to Children, Insurance, Negligence Lawyer Queens, Personal Injury Law, Queens Accident Lawyer NYC, Queens Car Accident Attorney, Rollover Injuries, Traffic Accidents
New York No-Fault and Serious Injury Threshold Deciphered
So you’ve been injured in a car accident (truck, bus, etc.) and you are wondering whether or not you have a case. For car accidents in New York, you can’t sue for minor injuries. You need to have a “serious injury” - I’ll explain. In the 1970’s the law regarding suing for injuries caused by an accident changed substantially. Before that, if you had an accident, you would get the medical treatment you needed and sue for the cost of the medical treatment, time lost from work, out-of-pocket expenses (ie: taxis to treatment) and for your injuries. The “no-fault” law changed all that. Now, the “no-fault” law provides a minimum of $50,000 of insurance coverage for medical bills, lost-earnings and out-of-pocket expenses when an [...]
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is sometimes literally “cut in half,” with the front and [...]
Personal Injury Attorneys call this type of scenario “delayed injuries.” It happens all the time. Right after the shock of an accident, and the police come to the scene and you tell them you’re fine, but then you go home and realize that everything is hurting. Of course, it is always better for an injury lawsuit if you notice your injuries right away, but it’s not too late to seek medical treatment for “delayed injuries” at any time after the accident when you realize you were hurt. Even though they are “delayed injuries,” its still “the sooner the better,” so as you soon as you notice you’re hurt, you should go to the emergency room to get checked out. Follow the instructions on the discharge sheet for follow-up and call a personal injury attorney for a consultation. An experienced personal injury attorney will know how to make a case for your delayed injuries.
SPINAL CORD INJURIES
QUEENS SPINAL CORD INJURIES ATTORNEY WITTENSTEIN & WITTENSTEIN Queens Spinal Cord Injuries Attorney knows that the back and spinal cord are complicated and important structures of bones, ligaments, muscles, joints, and nerves. Back injuries can cause pain that is so severe that it’s difficult to move around and to enjoy normal activities. Back injuries can be caused by the following: Car accidents Truck accidents Motorcycle accidents Medical malpractice Accidents in nursing homes Workplace accidents (i.e. heavy lifting, overexertion, repetitive lifting or bending motions) If your back injury was caused by somebody else’s negligence or recklessness, you have a right to sue for compensation. It is important that you consult with an [...]
Do I Need a Pediatric Malpractice Attorney?
Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice. It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur. Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area. A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones? That's [...]
Children Bullied at School – There IS Something You Can Do About it!
CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it. When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies. We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate. In other words, children bullied at school now have rights. The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged [...]
THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN
Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all. Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held. Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards [...]
- New York No-Fault and Serious Injury Threshold Deciphered Gallery
New York No-Fault and Serious Injury Threshold Deciphered
Car Accident Attorney, Car Accident Lawyer, Forest Hills Personal Injury Attorney, Forest Hills Queens Injury Lawyer, Injuries, Injuries to Children, Insurance, Negligence Lawyer Queens, Personal Injury Law, Queens Accident Lawyer NYC, Queens Car Accident Attorney, Rollover Injuries, Traffic Accidents
New York No-Fault and Serious Injury Threshold Deciphered
So you’ve been injured in a car accident (truck, bus, etc.) and you are wondering whether or not you have a case. For car accidents in New York, you can’t sue for minor injuries. You need to have a “serious injury” - I’ll explain. In the 1970’s the law regarding suing for injuries caused by an accident changed substantially. Before that, if you had an accident, you would get the medical treatment you needed and sue for the cost of the medical treatment, time lost from work, out-of-pocket expenses (ie: taxis to treatment) and for your injuries. The “no-fault” law changed all that. Now, the “no-fault” law provides a minimum [...]
When you’ve injured in a car accident – don’t refuse the ambulance!
The other day a client called, telling me that she was very nervous about what to do because she just had a car accident. She said that she had the green light, but the woman that blasted through a red light, lied to the police, and the police report says that the accident is a "question of lights." She said she had a witness, a pedestrian, that had to jump out of the way as that woman sped through a red light. She said she was hurt and so was her mother. I told her she should come in right away. She said she was busy and could not come in [...]
NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY
Yes, inmates are entitled to rights while in prison which can be asserted as claims for compensation. A New York inmate abuse and neglect attorney can be hired to represent you. If you have been a victim of abuse by prison staff or other prisoners, it’s worth investigating whether you have a claim. If you have been denied proper medical care, disability accommodation, mental health treatment, you may have a compensatable claim. You assert these rights, you will need the help of a New York inmate abuse and neglect attorney.
The United States has more people incarcerated that any other country in the World, with conditions much worse than any other developed country. This is despite the prohibition in the United States Constitution against “cruel and unusual punishment” which prohibits abuse and neglect in prisons. A New York inmate abuse and neglect attorney is well aware of all the laws that protect inmates and will fight for your rights.
NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined and turned back, corroding the Voting Right Act’s [...]
The Difference Between Sexual Harassment & Sexual Assault
The Difference Between Sexual Harassment & Sexual Assault It seems as if every time we turn on the news, there’s another accusation about sexual harassment or assault that comes up. We are living in a time where behavior that was once minimized and brushed aside is now coming to public attention. People now feel emboldened to speak up and are encouraged by movements such as ME TOO to take a stand. As more offenses come to the public sphere and terms such as sexual assault and sexual harassment gain traction, knowing the difference between each becomes increasingly difficult. Below we break down the difference. What is Sexual Assault? When people hear the term ‘sexual assault’ [...]
Child Injury Lawyer | Laws That Protect Children
WHY THERE ARE LAWS THAT PROTECT CHILDREN We don't leave babies alone in the house because they are not able to take care of themselves at all. As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence. Laws take this into account and have different protections and expectations for children of different ages. A child injury lawyer is aware of these laws and how to apply them. EXAMPLES OF CHILD PROTECTIVE LAWS CAR SEATS A statute is a law that is passed by a legislature. It's written down and needs to be followed precisely. An example of a law that protects children is New York State's [...]
Do I Need a Pediatric Malpractice Attorney?
Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice. It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur. Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area. A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones? That's because children have growth plates [...]
Psychological Injuries Lawsuits
Some psychological injuries are so severe that they can be as disabling as serious physical injuries. When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit. This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track. With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic. Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your [...]
The Psychological Impact of Bullying
Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.” We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind. It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students. According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult [...]
NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY
CONSTRUCTION ACCIDENT ATTORNEY
If you have been seriously injured while working at a construction site, the laws are complicated. You are entitled to Workers Compensation, but you may also meet an exception to the law that bars lawsuits by employees against employers and you may also have a claim against a third party. This is why you would benefit from hiring a Construction Accident Attorney to help you obtain compensation.
There are many claims to file for benefits, and possibly lawsuits to file against several entities. Once a settlement is proposed you will also benefit from the advice of an experienced Construction Accident Attorney that knows how much your case is worth. You should also know that a Construction Accident Attorney usually works on a contingency fee, so you don’t have to pay any money up front. You certainly have nothing to lose by having a free consultation.
CONSTRUCTION ACCIDENT ATTORNEY
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 out. Gain appropriate information from any eyewitnesses at the accident scene. Document the details of the accident [...]
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 great results for generations? Having a great attorney by your side is very helpful! You are minding [...]
Mark Your Calendars – Set Your Timers – Time to Vote!
What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever. So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm elections will take place on Tuesday, November 6th. As always, polls around New York City and Long [...]
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined and turned back, corroding the Voting Right Act’s [...]
What is New York Doing About Sexual Harassment in the Workplace?
What Is New York Doing About Sexual Harassment in the Workplace? wittenstein.com The effect of allegations of sexual harassment being brought to the center stage has rippled beyond courtrooms, into peoples’ homes, workplace, and now legislation. Starting on October 9th, all employers in New York state will be required to have a Sexual Harassment prevention policy that meets or exceeds the minimum requirements set by the law. A written or electronic copy of the policy and annual training must also be submitted to all employees. Below you will find some of the other provisions of the updated sexual harassment law as outlined by Governor Cuomo: “All state contractors must submit an affirmation that they have a [...]
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]
CONSTRUCTION ACCIDENT ATTORNEY
SPORTS INJURIES LAWYER
- When you play sports you “assume the risk” that you may be injured by the “inherent risks of the sport.” A sports injuries lawyer can explain how this relates to your particular sport.
- In order to sue for a sports injuries, it is necessary to prove that somebody else’s negligence or recklessness caused the injury. An experienced sports injuries lawyer will know right away based on the facts at hand.
- For children, it could be that the coach, school or camp did not provide proper safety equipment, this claim would be more difficult for an adult, who would have to prove that they were not aware of the need for the equipment.
- Improper supervision is a claim for a child, but not an adult.
- For beginners of a sport at any age, lack of safety advice and improper coaching can give rise to a claim. A sports injuries lawyer knows what types of advice and coaching are appropriate for various sports.
- A manufacturing defect in safety can give rise to a claim for product liability for a child or an adult. An experienced sports injuries lawyer can research recalls and defects in equipment for you.
- Premises liability rests with owners of sporting fields and schools, who are liable for unsafe playing areas and for the conduct of their staff.
If you suspect that your sports injury may have been caused by negligence or recklessness, a free consultation with a sports injuries lawyer will help you sort this out. At Sports Injuries Lawyer, Wittenstein & Wittenstein, we’ve been helping injured people for more than 60 years. Please don’t hesitate to call if you think you might have a claim.
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 out. Gain appropriate information from any eyewitnesses at the accident scene. Document the details of the accident [...]
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 great results for generations? Having a great attorney by your side is very helpful! You are minding [...]
Mark Your Calendars – Set Your Timers – Time to Vote!
What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever. So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm elections will take place on Tuesday, November 6th. As always, polls around New York City and Long [...]
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined and turned back, corroding the Voting Right Act’s [...]
What is New York Doing About Sexual Harassment in the Workplace?
What Is New York Doing About Sexual Harassment in the Workplace? wittenstein.com The effect of allegations of sexual harassment being brought to the center stage has rippled beyond courtrooms, into peoples’ homes, workplace, and now legislation. Starting on October 9th, all employers in New York state will be required to have a Sexual Harassment prevention policy that meets or exceeds the minimum requirements set by the law. A written or electronic copy of the policy and annual training must also be submitted to all employees. Below you will find some of the other provisions of the updated sexual harassment law as outlined by Governor Cuomo: “All state contractors must submit an affirmation that they have a [...]
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]
SPORTS INJURIES LAWYER
ARE YOU WONDERING WHEN TO CALL A CRASH CRASH LAWYER?
You should call a car crash lawyer if you are injured in an accident. It might not be clear how serious your injuries are right after an accident, but an experienced car crash attorney can advise you about steps to take to preserve your rights. For example, a car crash lawyer is likely to suggest that you take the ambulance to the hospital to be checked out – you could be in a state of shock and the injuries might be worse than you think. A car crash attorney will also suggest that you file for “no-fault benefits” so your medical bills will be paid, because a car crash lawyer knows that the deadlines are short. A car crash attorney will also recommend how to best handle your property damage claim, should there be damage to a vehicle.
WHAT TO DO BEFORE CALLING A CAR CRASH ATTORNEY
There are so many reasons to call an experienced car crash lawyer after an accident. Here is the list of recommended steps to take:
- Check the physical condition of yourself and others in the car
- Get out of the car, if possible. and help others if necessary
- Call 911 for the police and ambulance
- Call your car crash lawyer for more advice
A call to your car crash attorney is always a good idea. Car crash lawyers recommend calling as soon as possible so that they can provide the best advice for your particular situation.
ARE YOU LOOKING FOR A GREAT CAR CRASH LAWYER?
Car Crash Lawyers, Wittenstein & Wittenstein, will give you free advice from the scene of the accident, so you don’t have to guess at what to do. There’s no reason not to call a car crash attorney after an accident, and the sooner the better.
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WITTENSTEIN & WITTENSTEIN WILL HELP YOU WHETHER YOU ARE A CITIZEN OR NOT
If you are wondering, “Can I sue in New York if I’m not a citizen,?” the answer is yes. TOURISTS AND IMMIGRANTS CAN TAKE A STAND, TOO! So, if you are a tourist or an immigrant, and in need of legal assistance in the United States, don’t be afraid to fight for your rights! Even if you are in the country illegally, you still have a right to sue. Attorneys and insurance companies are not required to report immigration status. Wittenstein & Wittenstein can help you seek compensation for any injustices done to you, just like anybody else.
Non-native residents and tourists in the United States are hesitant to file lawsuits because they are afraid they do not have the same rights as citizens. But you need not feel fear: let an experienced and highly qualified attorney from Wittenstein & Wittenstein decide the merits of your case. We understand that immigrants face special challenges when filing a lawsuit in the United States. The laws of your home country may not be the same as the laws here. You may not speak English very well, so the idea of sorting through legal jargon—which is difficult even for Americans to understand—is scary. But Wittenstein & Wittenstein is dedicated to helping. With our small size, we are able to give you the individual attention you need to feel comfortable with your litigation. Additionally, we are prepared with translators on staff to assist you in making decisions. This kind of special attention cannot be found at a large firm, which is why Wittenstein & Wittenstein takes pride in its size.
It is not true that you must be a citizen to file a lawsuit in the United States. Common examples of people who are eligible to file suit are:
- Students on Student Visas
- Workers with Work Visas
- Green Card holders
- Non-citizen residents
- Illegal immigrants
- Tourists
If you are not from the United States but believe you have a case to file in this country, please call Wittenstein & Wittenstein at 718-261-8114 or email at law@wittenstein.com so we can help you determine what your options are and help you take the next step.
WITTENSTEIN & WITTENSTEIN – HELPING VICTIMS OF NEGLIGENCE FOR MORE THAN 60 YEARS
If you are wondering, “What is Negligence,?” you should know that it is when somebody caused harm accidentally, by not being careful enough, not taking proper precautions or by breaking rules and regulations.
Wittenstein & Wittenstein knows from extensive legal experience that life-changing injuries can happen in a split second. Our Personal Injury Attorneys at our Queens office are experts at helping victims of negligence. An experienced Personal Injury Lawyer can get you the compensation you deserve, and a Personal Injury Attorney that knows the turf can get even better results. Wittenstein & Wittenstein has been handling negligence cases in Queens, Brooklyn, Manhattan, The Bronx, Staten Island and Nassau County for over 60 years. The grandchildren of our clients come to us because we get them great verdicts and settlements, and also because they know we really care.
Here’s an example of negligence, and there are many more. Jane lives in an apartment where steam heat pipes are used to warm the building in the winter. These pipes are placed in every room of the apartment in lieu of regular radiators. However, this type of steam heat piping – which can reach scalding temperatures and cannot be controlled by the tenants – is often justify uncovered by property managers. On this particular morning, Jane stepped out of the shower and put on a towel just like she does every day. But this time she had the misfortune of grazing her arm against the pipe as she wrapped the towel around her to dry off, and the pipe instantaneously justify a large second-degree burn near her elbow that is both disfiguring and painful, so much so that the range of motion in her arm is limited until it heals. But still after it heals, it will scar, leaving behind an ugly blemish that will last the rest of her life. And she realizes that no, the property manager did not push her into the pipe, nor did he intentionally hold Jane’s arm against it. However, the property manager is still at fault for neglecting to do his job by preventing these kinds of horrible and completely avoidable accidents from happening. This pipe needed only to have an inexpensive protective cover to have saved Jane from suffering.
And this is only a mild example of the kinds of neglect that cause serious harm to people. If you believe you or someone you love has incurred an injury as a result of someone else’s negligence, you may be entitled to compensation, and Wittenstein & Wittenstein wants to come to the rescue. While we do regret your loss, we also hope you will call us at 718-261-8114 to find out what your options are and figure out the best next step in seeking justice.
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Forest Hills Accident Injury Lawyer.
KNOW WHEN YOUR RIGHTS RUN OUT: LEARN ABOUT THE STATUTE OF LIMITATIONS WHEN FILING A LAWSUIT IN NEW YORK
It is not a wise decision to wait when you think you have a case: Act now! If you are wondering “What are the time limits for filing a lawsuit in New York,?” the best thing to do is immediately contact an attorney who can apply the law to your situation. That said, here’s an overview of the time limitations for various types of situations.
Unfortunately, the law does not have infinite patience. Lawsuits cannot be filed whenever it is most convenient to the litigant (you). According to the law, suits must be filed within a certain amount of time after the date of the incident in question. The statute of limitations is a guideline that determines whether your case is still valid or if you have waited too long to file. Its purpose is to set a calendar deadline for litigation based on a given event.
The start date for the statute of limitations is almost always the date when the incident occurred. There are two exceptions:
- Date of Discovery: When a person could not have known they were injured, like if a surgical instrument was left inside them after surgery and was not discovered until complications arose, it would be unfair to use the date of the surgery (when the accident took place) as the start date for the statute of limitations. In these cases, the start date is the date of discovery.
- Delaying (“Tolling”): When the person who incurred the loss is unable to file suit right away because they are (most commonly) a minor, mentally incompetent, or bankrupt, then the statute of limitations is delayed or “tolled.” To cite a common example, if the litigant was a minor on the date of loss and the statute of limitations is two years, then the statute of limitations is delayed until that person can file as an adult. The start date for the two years will then be the day he or she turns eighteen.
In New York State, the statute of limitations laws are as follows:
- Defective Products or Devices: An action must be brought within 3 years of the date the injury occurred.
- Personal Injury & Negligence: An action must be brought within 3 years.
- Toxic substance exposure is counted under Date of Discovery.
- Personal Property Damage: An action must be brought within 3 years of date of incident.
- Professional Malpractice: An action must be brought within 2 ½ years.
- This statute is delayed when there is a foreign object that may have been left in someone’s body or if there was continuous treatment of the plaintiff. The statute of limitations runs from the time when the foreign object is discovered (up to 1 year) or the last date of the continuous treatment.
- If it is discovered that the medical practitioner withheld the truth about the malpractice, the statute of limitations runs for 6 years from the date when the fraud occurred or should have been discovered.
- If an infant is the victim of malpractice, the statute of limitations can be extended by up to 10 years from the date of the act or omission that caused the injury.
- Wrongful Death: An action must be brought within 2 years of date of death.
Those whose death came as a result of complications from involvement on September 11th have 2 ½ years from date of death.
As indicated above, the statute of limitations varies depending on the type of case you have. This is why it is of the utmost importance to pursue litigation as soon as possible after you have incurred a loss of any kind. If you have any questions regarding this matter or believe you may have a case that may expire under the statute of limitations, please feel free to contact us at 718-261-8114 or law@wittenstein.com. We are ready to help you figure out your best options and take the next step.
DO I NEED TO HIRE A PERSONAL INJURY LAWYER IN NY?
LET WITTENSTEIN & WITTENSTEIN HELP YOU DECIDE
Knowing that most cases are settled with insurance companies without litigation, people wonder whether they really need to hire a personal injury lawyer. In some cases, it might not be necessary. For example, if you are hit in the rear by another vehicle, and have a police report that indicates that the accident was completely the other driver’s fault, you could probably settle the claim for your property damage on your own. All you would need to do is send an estimate for the damages to the driver’s insurance company and they will likely pay your claim without much hassle. They might want to inspect your car, but that’s no big deal either. The advantage of doing this yourself is that you get to keep all the money and don’t have to share it with a lawyer.
Sometimes it’s trickier, even with a simple car accident. You saw the other driver blazing through a solid red light while texting, but when the police arrive, he tells them that YOU went through the light. There are no witnesses and the police did not observe the accident, so they have no choice but to say that both drivers accuse the other of going through the light. Now, if you send the estimate for your car to the insurance company with the police report, they will tell you that they will only pay you for 50% of the damage, or, even worse, that they are sticking by “their insured’s” version and will not offer to pay you anything. Hopefully, you have full-coverage on your car in case this happens!
In the scenarios above there are “no injuries,” but already it’s complicated. If you are injured, not only will the insurance company not be willing to pay the full value based on the conflicting stories, but they will also discount the value of your injuries. You need an attorney to prove that the accident was the other driver’s fault. If there is a dispute over liability, this is when you should hire a personal injury attorney. It might be necessary to bring in accident reconstruction experts as well as other methods of proving fault – not something easily done on your own.
Let’s say now that the police report gives all the fault to the other driver, and the insurance company pays you in full for the damage to your car, but you are injured. When you finish with your treatment, you send your medical reports to the insurance company and they assign a claims representative to your case. You send the medical reports to the claims representative, who reviews them and tells you that they are not paying you anything because you don’t have a “serious injury.” You need an attorney.
What may seem simple in theory is much more complicated in practice. They are filing deadlines, and statutory limitations, as well as a host of regulations that personal injury lawyers know how to handle, so the value added by a good attorney is well worth the fee, especially if you have severe injuries or have lost time from work.
SEVERE INJURIES
If your injuries are severe and you have lost time from work, this is something to take very seriously. It might not be possible at the onset to know how long it will take to heal or when you will be able to return to work. In such cases, it is important to ensure that your claim is being handled properly from the very beginning. An experienced personal injury attorney will be able to negotiate with the insurance companies to get you the services you need for a complete recovery and to make sure that you get the maximum compensation down the line.
MEDICAL MALPRACTICE
This is the kind of case that it is virtually impossible for an indiviaul to handle on their own. The cost of prosecuting a malpractice case is enormous as doctors must be hired to testify, and spending that kind of money without knowing what you are doing (and risking the case getting dismissed,) makes no sense at all. Malpractice insurance carriers never settle cases in the early stages, so it’s not like you can just pick up a phone. Litigation will be necessary.
WHEN THE INSURANCE COMPANY REFUSES TO PAY OR LOWBALLS YOUR CLAIM
Some insurance companies are easier to settle with than others. There are insurance companies that will not settle claims at all unless there is some litigation done. Personal injury attorneys know the insurance companies and what has to be done with each one to maximize a claim. A good lawyer will make a jury case to a jury if necessary.
WHEN YOU DON’T KNOW THE VALUE OF YOUR CASE
It is difficult to make a decision to settle your case if you don’t understand it’s value. Personal injury attorneys have seen similar sets of facts before and have a good sense of what a case is worth. You may think you case is worth $100,000, but it’s really only worth $50,000. You may have a $200,000 and settle for only $10,000. You need a legal expert to guide you in these decisions.
If you have any questions please feel free to request a FREE CONSULTATION with WITTENSTEIN & WITTENSTEIN. Call 718-261-8114 to make an appointment.
SHOULD I FILE A LAWSUIT IN NEW YORK?
LET WITTENSTEIN & WITTENSTEIN HELP YOU DECIDE
When you ask “Should I file a lawsuit?”, you have lots of factors to consider. There is the money, the time, the energy, and of course, the case itself. How can you determine whether you have a legitimate lawsuit on your hands? Wittenstein & Wittenstein, with our highly qualified attorneys and years of experience, can help you decide whether filing a suit is the right choice for you to make.
Here are a few things to consider before deciding whether to file a lawsuit:
- Many people are under the impression that trials are only about determining guilt vs. innocence. This is not always the case. Lawsuits are not about differentiating the good guy from the bad guy; they are about determining what has been lost and what if any compensation is deserved for these losses.
- When an incident occurs, there may be a dispute between the parties involved. This is where litigation comes in: Lawsuits are a way to get an impartial assessment of damages and fault.
- Lawsuits are often lengthy. Wittenstein & Wittenstein is confident we have the patience and experience to see you through. Make sure this is something you, too, are willing to commit to.
- Lawsuits filed through Wittenstein & Wittenstein are done on a contingency basis.
- You do not need to be a citizen [link to filing w/green card, visa, etc] to file a lawsuit.
- Wittenstein & Wittenstein will always prepare for the full trial, but keep in mind that 99% of all lawsuits we have dealt with have ended in a settlement and have not gone to trial.
If you believe you may be eligible to file a lawsuit, we hope you will contact us at 718-261-8114 or law@wittenstein.com so that we can assist you in determining your options and taking the next step.
DO YOU HAVE A CASE? LET WITTENSTEIN & WITTENSTEIN HELP YOU DECIDE
When you are thinking about filing a lawsuit, you have lots of factors to consider. There is the money, the time, the energy, and of course, the case itself. How can you determine whether you have a legitimate lawsuit on your hands? Wittenstein & Wittenstein, with our highly qualified attorneys and years of experience, can help you decide whether filing a suit is the right choice for you to make.
Here are a few things to consider before deciding to file a lawsuit:
- Many people are under the impression that trials are only about determining guilt vs. innocence. This is not always the case. Lawsuits are not about differentiating the good guy from the bad guy; they are about determining what has been lost and what if any compensation is deserved for these losses.
- When an incident occurs, there may be a dispute between the parties involved. This is where litigation comes in: Lawsuits are a way to get an impartial assessment of damages and fault.
- Lawsuits are often lengthy. Wittenstein & Wittenstein is confident we have the patience and experience to see you through. Make sure this is something you, too, are willing to commit to.
- Lawsuits filed through Wittenstein & Wittenstein are done on a contingency fee basis.
- You do not need to be a citizen [link to filing w/green card, visa, etc] to file a lawsuit.
- Wittenstein & Wittenstein will always prepare for the full trial, but keep in mind that 99% of all lawsuits we have dealt with have ended in a settlement and have not gone to trial.
If you believe you may be eligible to file a lawsuit, we hope you will contact us at 718-261-8114 or law@wittenstein.com so that we can assist you in determining your options and taking the next step.
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