New York City New York Legal Blog

Scaffolding-related harm can justify workers' compensation claim

On behalf of Paul B. Weitz & Associates, PC posted in construction accidents on Thursday, February 7, 2019.

Construction is constant in New York City. With so many construction companies operating seemingly nonstop, one would think that these businesses would be able to avoid workplace injuries. Sadly, this isn't the case. Individuals are hurt all the time in workplace accidents. When a construction accident results in harm, the damages can be significant, too. Lost wages and medical expenses can leave an injured worker unsure of where to turn for help, and he or she may be overwhelmed with the financial realities of his or her situation.

One way that these construction accidents occur is through scaffolding falls. Statistics show that 65 percent of the construction industry, which equates to more than two million workers, perform their job duties on scaffolding. Every year approximately 4,500 individuals are hurt while working on scaffolding, and another 60 are killed. Nearly three-quarters of these injuries are caused by scaffolding collapsing, employees slipping or objects falling onto workers.

Lack of informed consent can constitute medical malpractice

On behalf of Paul B. Weitz & Associates, PC posted in Medical Malpractice on Saturday, January 26, 2019.

There's a lot of risk associated with seeking medical treatment. Even the most skilled medical professionals can make mistakes that cause serious injuries. Those who suffer this harm can be left with significant losses that are physical, emotional and financial in nature. Learning how to cope in the aftermath of a medical error can be extremely difficult, but these individuals may be able to find accountability and recover compensation for their losses by pursuing a medical malpractice claim.

One basis for a medical malpractice claim is lack of informed consent. When a medical professional diagnoses an individual with a condition, he or she must have a thorough conversation with the patient about the diagnoses and treatment options. This includes informing a patient about all treatment options available to him or her, as well as the risks associated with each type of treatment. A medical professional must also discuss with the patient the risk of taking no action at all.

5 signs your doctor is missing your diagnosis

On behalf of Paul B. Weitz & Associates, PC on Thursday, January 24, 2019.

Few things are more disheartening than not feeling well. After all, if you are sick, you cannot participate in the sort of everyday activities that most New Yorkers take for granted. If you cannot find answers to your health questions, though, your illness can be downright frustrating.

As you may suspect, determining how often doctors misdiagnose a medical condition can be challenging. Nonetheless, medical researchers estimate that misdiagnoses may be as high as 40 percent. If you are not feeling well, statistics likely do not impress you much. Instead, you want a plan for recovering from your illness or injury.

New Yorker firm stands ready to help with wrongful death cases

On behalf of Paul B. Weitz & Associates, PC posted in Wrongful Death on Thursday, January 10, 2019.

Our last post, the blog discussed a recent pedestrian accident that left a New York woman dead. As sad as that incident is, it is not the only tragic death to occur in the New York area in recent months. In fact, on an almost daily basis, individuals are killed by the negligence of another. In other words, these deaths could have been prevented if those involved had acted with a certain about of reasonable care.

Yet, this negligence leaves surviving family members struggling to figure out how to move past the tragedy that has turned their world upside down. They suffer an extreme emotional toll, obviously, as they try to cope with the reality that they will never again carry on a conversation with their loved one, hear them laugh or celebrate life's milestones. In addition, the financial damages suffered by these surviving families can be overwhelming. A family may have relied on their lost loved one's income, which has suddenly been stripped away from them. Also, accumulated medical expenses and lost wages can turn a family's situation into a dire one.

New Yorker killed in pedestrian accident

On behalf of Paul B. Weitz & Associates, PC posted in Wrongful Death on Thursday, December 27, 2018.

It's not uncommon for New York City's streets to be packed with motorists, bicyclists and pedestrians. While most New Yorker's have an increased awareness of pedestrians because of this fact, others still act in ways that constitute negligence. They could be distracted, drunk or inattentive while behind the wheel. This negligence can result in a pedestrian accident that has serious ramifications, including serious injury and death.

This was the unfortunate reality for one New Yorker. Recently, a 28-year-old law clerk was struck by a charter bus as she was crossing the street within a crosswalk. The woman later died from her injuries suffered in this pedestrian accident. The bus driver was charged with a misdemeanor traffic offense, but the outcome of this criminal charge will have very little, if any, impact on the deceased woman's family who now have to deal with the losses that have been unfairly thrust upon them.

Tips for avoiding bicycle accidents during the winter

On behalf of Paul B. Weitz & Associates, PC on Tuesday, December 25, 2018.

Many people choose to ride a bicycle around New York City. One Brooklyn bicyclist was in a fatal hit-and-run December 14th. It serves as a powerful reminder of the importance for bicyclists and motorists to safely share the road to avoid other collisions in the future.

Bicyclists need to do their part to stay safe on New York roadways, especially during the winter when visibility decreases earlier. The following safety tips will help tremendously in reducing the number of bicycle-related injuries in the city.

Understanding Erb's palsy

On behalf of Paul B. Weitz & Associates, PC on Friday, December 21, 2018.

Numerous types of injuries can impact an infant at birth. One of the most common is Erb's palsy. This most often occurs due to the baby sustaining an injury at birth that has adverse effects, such as lacerations and paralysis.

You can pursue a medical malpractice case against any doctor who failed to take precautionary measures to ensure Erb's palsy would not occur. Meanwhile, it is vital to know how you can help your child medically when he or she develops Erb's palsy. This condition impacts approximately one or two out of every 1,000 babies. It is more common than most people realize, but many do not know what to look for.

Truck accidents and hours of service

On behalf of Paul B. Weitz & Associates, PC posted in motor vehicle accidents on Friday, December 14, 2018.

It's really no secret that semi-trucks pose a serious threat to other motorist on the road. This is especially true when they are driven negligently or they are improperly maintained. Those who are injured in an accident caused by a big rig should consider taking legal action because if they are successful they may be able to recover compensation for their damages. To do so, though, they must be able to satisfy certain legal elements.

One way to satisfy many of those legal elements is to show that a trucker failed to abide by regulations that apply to hours of service. These regulations seek to limit the number of hours that truckers are on the road in hopes of preventing driver fatigue.

Under these regulations, truckers can only drive for 11 hours after a 10-hour rest period. Those 10 hours of rest must be consecutive. Also, truckers cannot drive beyond the 14th consecutive hour after coming off of the 10 hour off duty shift. These are not the only hours of service rules that apply to truckers. Additionally, truckers can only take to the road if it has been eight hours or less since their last off-duty period or a 30-minute sleep break. Truckers are also disallowed from driving more than 60 hours in any seven day timeframe or 70 hours in an eight day time frame.

Regulators hope that these rules will allow truckers to obtain the rest they need in order to remain attentive and safe while on the road. Having regulations and policing them are two different things.

Unfortunately, although truckers are required to keep logs, they oftentimes wind up driving when they are fatigued and tired. When this happens and an accident results, those who are injured may be able to pursue a personal injury lawsuit.

If successful on one of these claims, a victim may be able to recover compensation for damages suffered, which may include medical expenses, lost wages, and pain and suffering. Those who find themselves in this position may want to work closely with legal advocate of their choosing who may be able to help better position them for success on their claim.

Construction accident kills New York worker

On behalf of Paul B. Weitz & Associates, PC posted in construction accidents on Thursday, November 29, 2018.

Construction workers often put themselves in harm's way for the improvement of society as a whole. These brave men and women work at excess heights, near hazardous traffic and in close proximity to dangerous machines in order to build roads, bridges and buildings. Even when these workers are provided with the best safety equipment and training to perform their job duties, workplace accidents can occur that leave them seriously injured or killed.

Sadly, one of these incidences occurred recently in New York. The 44-year-old construction worker was killed at a Brooklyn construction site when a wall panel being carried by a forklift tipped forward and landed on him. The exact cause of the accident remains under investigation, but there are concerns about high winds on the day of the incident and whether work should have been halted. Regardless, the damage has already been done. This man's family will now have to cope with the tragic emotional and financial realities that have befallen them.

Falls are leading cause of death among seniors

On behalf of Paul B. Weitz & Associates, PC on Monday, November 26, 2018.

While there is nothing quite like exploring New York City in the wintertime, the colder, snowier months mean today's older Americans face higher risks of suffering slip-and-fall accidents and related injuries. Winter in New York means icy sidewalks, puddles of melted water in stores and office buildings and other related seasonal hazards. While younger people may be able to avoid some of these hazards with relative ease, older populations often struggle to do the same.

In fact, today's older Americans are suffering falls at high rates, with the National Council on Aging reporting that falls have become the leading cause of death, nonfatal injury and hospital visits among seniors. Just how often are today's older people falling and injuring themselves?