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Though there are many safety regulations in the construction industry, accidents still happen. Whether these are due to bad luck or negligence, the factors that caused an injury must be investigated and addressed. Here are a few of the most common injuries construction workers experience.

Falls

Two people on a construction site
As one of OSHA’s “fatal four,” falls are made up of two categories: surface-level and from a height. Falling is the number one cause of fatalities in construction. Areas without protective ledges, like roofs and scaffolding, pose the biggest threat to worker safety.

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Train accidents often result in severe injuries and sometimes death. Research indicates that approximately 150 people every year get hit by moving trains, and at least 50 victims die. When a train accident occurs, the victims may find it necessary to sue the party at fault. Here is what you need to know about New York train accidents.

Common Types Of New York Train Accidents and Their CausesA subway train with the doors closed

Travelers using the New York City subway get exposed to risks and accident predisposing factors such as over speeding, braking failure, electrical malfunctions, intoxication malfunctioning subway equipment, and poor maintenance of trains. Additionally, sudden stops, operator negligence, and failure to label hazards may lead to fatal train accidents. While most train accidents occur due to the lack of preventive measures, some rare cases result from natural causes like storms and earthquakes. The most common forms of train accidents involve derailing, train collisions, and pedestrians getting hit by trains.

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Sticking to one lawyer throughout a case is both ideal and essential to developing a strong case. A client should only change lawyers if it is absolutely crucial. In some cases, an individual may feel dissatisfied with the services of their current lawyer, or there may arise a conflict of interest that calls for the change. You have the right to switch lawyers at any stage of your case, but you should consider various factors and follow all legal steps.

What Will Happen If Your Lawyer Gets Indicted

A person signing documents

When a lawyer gets indicted, they put their clients’ cases in serious jeopardy. Any legal issues associated with a lawyer may influence the judge to believe that even the client is not obliged to the law. Sadly, if a judge views your case from this perspective, it can be hard to obtain a fair ruling. If you find out that your lawyer is facing any legal issue, consider hiring the services of a different legal professional.

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Though everyone hopes that their loved ones are receiving quality care, many nursing home residents experience some form of neglect. According to several sources, about five million cases of elder abuse happen each year. Not all of these occur in nursing homes, but understanding different types of nursing home neglect can help you spot the signs of abuse and talk to your loved one about it.

Abandonment

Senior woman with their caregiver at home
Abandonment occurs when the nursing home employee who is responsible for caring for a resident deserts them. This can mean that they are not making the necessary amount of visits to the resident’s room. Abandonment can also include leaving a resident alone in a common area when they should be monitored more closely. This form of neglect defeats the purpose of placing a loved one in assisted living because it denies them the care they need. When you visit your loved one, keep an eye on how many employees you see helping residents.

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On March 15th, 2020 our State and City closed due to the COVID-19 crisis.  Many businesses were shut and sadly thousands of New Yorkers were unemployed or furloughed.  Many of those were clients of Leav & Steinberg, LLP.  Those clients had been seriously injured prior to this health crisis and had relied upon Leav & Steinberg and its staff to be there to help them obtain complete justice.  While our firm had to work remotely, our entire staff and attorneys committed to continuing the tradition we have had for the last 21 years: By providing excellent lawyering and exceptional customer service Leav & Steinberg, will be the premier firm in New York for representing all New Yorker’s who have been injured and deserve justice.  Below is just a sampling of the matters we have resolved during the COVID-19 crisis up to April 29th, 2020.

  1. $812,000.00 settlement at a virtual court conference and virtual mediation for a 65 year-old retired Department of Education aide.  Client slipped a fell on water leaking from a hole in the lobby of her building caused by a plumbing leak.  The building owner and a contractor were aware of the condition prior to the accident.  Client did not report the accident but did seek emergency treatment the next day for neck pain.  Client eventually underwent cervical spinal surgery.  The defense argued her cervical problems were pre-existing as she had treated for her neck and her lower back prior to this.  The client was on dialysis and was suffering from other unrelated illnesses.  Further, unrelated to the accident, the client was diabetic, suffered renal failure, and was on was on dialysis.
  2. $225,000.00 settlement at virtual mediation for a Plaintiff was lawfully operating her motor vehicle when she was rear ended by a truck.  The truck argued that it did not see the plaintiff’s vehicle and as a result our firm moved and won summary judgment.  The client sustained a knee injury and underwent arthroscopic surgery; but no tear was found.  We were able to show the films and reports to an expert radiologist who opined that other injuries were sustained.
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Unfortunately, police misconduct does happen—and it can result in serious consequences, not least of all wrongful arrests, for those who are victimized. However, victims aren’t sentenced to silence; reports can be submitted and used to protect civilians and their communities from further aggression. Learn how you can file a report in the event you experience or witness misconduct.

Prerequisites

Two NYPD cars parked on the street
One of your greatest aids in filing a report will be recording the details of the event as accurately and as soon after the misconduct as possible. Be exact, and know how to contact other witnesses if you need them. It pays to be calm and collected when chronicling this information, so also take care to sort the facts from your feelings as well as you can. Prepare to make copies of your account and the actual complaint later.

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Business’ covered by a Business Loss Insurance Policy may be entitled to certain coverage for COVID-19/Corona Virus losses.  The criteria to trigger coverage depends on the language of your insurance policy.  Most business insurance policies require that the insured (business owner) show actual physical damage to their premises in order to collect for the losses.  Thus far in the pandemic, the insurance industry has predictably taken the position that the virus has not caused actual “physical damage” and thus, they are repeatedly denying claims that have been by brought business owners due to COVID-19/Corona Virus. We do not necessarily agree that the insurance carriers are correct.

On the contrary, there are valid arguments that coverage should be afforded to business owners.  For instance, if Covid-19 contamination to a business facility or property has occurred, it can be argued that that is tantamount to physical damage and loss of use of the property, interrupting business and causing massive losses. If ingress or egress is blocked due to contamination, it may be covered.  Further, if actual contamination has occurred to certain dependent or contingent locations relating to supply, distribution, or customer chains, coverage may be afforded.  Obviously, the damages due to the pandemic are massive (clean-up expenses, contamination mitigation expenses, cancellation of business events, operations, etc.) but that alone should not be valid basis to deny coverage. Also, civil authority orders that have caused shut-downs and disrupted business may be a basis for coverage.

At Leav & Steinberg we were one of the law firms that represented large numbers of New Yorker’s struggling to collect insurance benefits owed to them after Super Storm Sandy.  In those cases we were successful in recovering millions of dollars for businesses and homeowners – most of whom had had their claims denied by their insurance carriers.  We again look forward to the fight for fairness.

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Photo of MTA Subway in New York CityEach year, over a billion passengers ride the subway to get to work, visit friends and family, or explore the city. With so many people taking the subway, it can be difficult for the Metropolitan Transit Authority (MTA) to maintain each station to prevent injuries. Travelers may be exposed to an increased risk of accidents and injuries, including slip and falls.

Causes of Slip and Fall Injuries

Unfortunately, individuals using the New York subway may slip and fall due to the conditions of a poorly maintained station. Because many stops are underground, people need proper lighting so that they can see where they’re walking. Dim bulbs or broken lights make it difficult to avoid obstacles and uneven floors, which can cause someone to fall. If a station doesn’t have stairway railings, that makes it more likely that a passenger will fall down the stairs and hurt themselves.

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Hand being held in air showing wrist injury with bandageGeneral negligence refers to a circumstance in which another party’s actions can be classified as improper care, causing harm to another party. The term indicates that an individual’s recklessness resulted in injuries, necessitating the affected party to sue for compensation. Below are more details on what general negligence constitutes.

How to Establish a General Negligence Case

While there is no specific technique to determine whether or not an action resulted from general neglect, the most effective way is to ask if a rational person would have acted similarly under the circumstances. If a prudent individual would not have taken the same course of action, it is right to assume that the consequences are a result of general negligence.

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Grafitti'd truck parked on a street in New York CityIn auto accidents, victims can suffer various types of injuries and property damage, depending on the magnitude of the impact. Because commercial trucks are so large, accidents involving 18-wheelers tend to be more severe. Therefore, truck and car operators carry different responsibilities in road safety, so drivers should understand the different legal procedures. Here is a comparison of the processes for truck accidents and car accidents.

Causes of Car Accidents and Truck Accidents

Car accidents typically occur when one or more of the drivers don’t pay attention because of texting, rubbernecking, or another distraction. However, there are usually other elements involved in accidents with 18-wheelers. These trucks have large blind spots that limit the driver’s sight. Also, the cargo an 18-wheeler is hauling can affect its ability to slow down. This means that commercial truck drivers have to take extra precautions to keep everyone else on the road safe.

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