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Competently handling workers' comp and third-party claims

Recently on this blog we discussed how construction accidents continue to increase in New York City. This sad reality means that many construction workers are at risk of being injured on the job on a daily basis. Improper safety equipment, lack of training and the negligence of others can all cause a workplace accident that results in serious injuries. If you've been hurt in one of these incidences, then you may want to consider legal action.

If you were performing your job duties at the time you suffered an injury, then you may qualify for worker's compensation benefits. Yet, these benefits don't always cover the full extent of one's damages, which may include lost wages and medical expenses. Under these circumstances, it may be wise to consider whether any negligence contributed to the accident. If so, then you may be able to pursue a third-party claim, too. If successful on this claim and your workers' compensation claim, then you may be able to recover all the compensation you need to obtain adequate medical care, focus on your health and work toward returning to your job.

3 fundamental responsibilities of obstetricians

Nothing is more joyful than learning you are pregnant, carrying your growing baby and delivering a healthy child. Becoming a mother, whether it is for the first time or the third, is an accomplishment that should not be downplayed. Pregnant women should consult an obstetrician for support throughout their pregnancy and care during the delivery of the baby.

There are several key responsibilities that every obstetrician must fulfill to effectively serve patients. Violation of these responsibilities can have dire consequences for both mothers and children. If your obstetrician has failed to fulfill any of the following obligations, it may constitute medical malpractice:

Construction accidents on the rise in New York City

New York is currently seeing a construction boom. Last year alone the city saw more than 168,000 construction permits issued, with more than 45,000 construction workers carrying out their duties across the city. While this may be good news for the city's economy and those who profit from a building boom, it may pose a great risk to those who work in this industry. This is because federal statistics show that construction work is the most dangerous job in New York. In fact, those statistics indicate that more than one-third of all work-related deaths in New York City are attributable to construction workers.

Sadly, the city has seen a slew of construction accidents that have left innocent and unsuspecting workers either seriously injured or killed. As a result, deaths related to construction accidents have doubled so far this year when compared to 2017, and injuries have climbed by 17 percent. This latter number equates to 469 construction workers being injured on the job.

Don't ignore the signs of preeclampsia

The birth of a new baby is a unique anticipation. Expectant mothers are feeling many emotions, including joy, impatience and nerves. There is a lot of unknown about the process and what will happen during birth.

During a pregnancy and birth, so much focus is placed on the care of the baby that mothers' symptoms can sometimes be forgotten or ignored. Medical professionals can make mistakes that cause complications or injuries no new parent should have to experience.

Don’t ignore the signs of preeclampsia

The birth of a new baby is a unique anticipation. Expectant mothers are feeling many emotions, including joy, impatience and nerves. There is a lot of unknown about the process and what will happen during birth.

During a pregnancy and birth, so much focus is placed on the care of the baby that mothers’ symptoms can sometimes be forgotten or ignored. Medical professionals can make mistakes that cause complications or injuries no new parent should have to experience.

Alcohol and drugs can drastically affect driving ability

Federal, state and local governments, as well as countless nonprofit organizations and law enforcement agencies, have expended enormous amounts of time, effort and money in an attempt to combat drunk driving. Despite their efforts, though, the fact remains that drunk driving is a problem that will continue to plague New York for the foreseeable future. In fact, whether such efforts have actually curtailed drunk driving accidents is debatable. The same is holding true for those who drive under the influence of drugs, which seems to be on the rise.

Driving under the influence of alcohol or drugs can pose a significant threat to other motorists and pedestrians who are nearby. One reason is because drugs and alcohol drastically slow one's reaction time. Therefore, even if an intoxicated person is able to identify slow or stopped traffic, or a pedestrian in a crosswalk, by the time he or she hits the brakes it may be too late to stop in time to avoid a collision. This can also occur when an intoxicated motorist drifts into oncoming traffic.

Common reasons for failing to diagnose birth injuries

Birth injuries are depressingly common. Estimates suggest that of every 1,000 infants born in the U.S., between six and eight will suffer from a birth injury of some kind. This means approximately 28,000 newborns suffer from birth injuries every year. 

The health of both the mother and the infant rely on the care and the knowledge of the primary health care professional. No matter how much experience and training a doctor has, birth defects can remain undiagnosed for a variety of reasons. 

We're aggressive in our approach to wrongful death cases

The sudden and unexpected loss of a loved one can be difficult for anyone to handle. While the emotional harm of knowing that one will never hear a loved one's laughter again or spend another holiday together is more than enough to leave surviving family members with unimaginable pain, they may also be forced to confront the financial loss often associated with these incidences. This can be particularly difficult to cope with, especially during a time when surviving family members are simply trying to move on in remembrance of their lost loved one.

Although it may be challenging to think about legal action during this time, doing so could lead to the imposition of liability, the recovery of compensation and closure. Compensation can help alleviate the financial damages unfairly thrust upon a family, such as medical expenses, funeral costs and loss of support, but it can also help alleviate some of the noneconomic harm caused. This may include loss of consortium and pain and suffering.

Why objections are important to medical malpractice cases

Many medical malpractice cases wind up settling through negotiations and mediations. A fair number, though, go all the way to litigation. When this happens, medical malpractice victims need to be prepared to present compelling legal arguments that are persuasive to the judge and jury. This may sound simple enough, as it may appear that the facts are easy to discern, but the truth of the matter is that the legal logistics of litigation can completely reshape how facts are presented and interpreted.

This is why it is important to know how to make and respond to objections. A properly made objection, regardless of whether a judge rules in your favor, can preserve the issue for appeal. This means that if the final outcome is against you, if you have properly objected to certain issues, then the court of appeals can review those issues. Also, strongly made objections, as well as strong responses, can convince a judge to rule in your favor, thereby increasing your chances of success at the trial level.

The basic timeline of a workers' compensation claim

If you work in the construction field in New York, then you know that his year-round industry can be dangerous. Accidents involving scaffolding falls, machinery pinning, and electrical accidents can all leave an unsuspecting worker seriously injured or dead. Those who are fortunate enough to survive such incidents may have a lot to deal with in addition to their physical and mental recovery, including figuring out how to pay for their medical expenses and recoup lost wages.

Workers' compensation, of course, can help cover these losses, but only if the system is successfully navigated. The first step in recovering these benefits is understanding the process. First, an injured worker needs to seek immediate medical attention and notify his or her employer. This notice can be verbal, but written notice must also be provided within 30 days. Then, a workers' compensation claim needs to be filed.

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