Articles Tagged with labor law accident attorney

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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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Have you been injured in a labor accident? It is imperative that you know your rights and understand that you may have a third-party claim in addition to your workers compensation claim. The team at Leav & Steinberg is equipped with seasoned and zealous advocates prepared to fight for your rights and ensure the most favorable disposition.

There are two prevailing Labor Law sections which impose strict liability upon contractors and owners if protection for workers are insufficient. The legislative intent behind the enactment of these crucial statutes is to emphasize the importance of safety work practices and enforce accountability for negligence in the workplace by holding these owners and contractors responsible.

The partner managing the Labor Law Department at the firm is Daniela Henriques.  She has successfully argued before the appellate division on the issue of the Labor Law and its practical application to many cases here at Leav & Steinberg.  Her cases have continued to be cited by other lawyers and firms in New York City.

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At Leav & Steinberg, LLP we are often retained by construction workers who are injured during the course of construction, demolition or excavation work.  Under various sections of the Labor Law of New York, a worker in injured has  many legal rights and remedies to pursue to recover for pain and suffering as well as past and future loss wages.  In addition, as many times the injuries are life altering and permanent; often requiring future medical care.   For these select cases, our firm seeks to recover damages for the future medical cost the client will need.  In our ongoing effort to maximize a client’s recover, establishing a Life Care Plan for their future medical costs will allow us to negotiate a successful settlement and at trial to present competent evidence of these expenses so a jury can award both fair and adequately compensation.

The recovery of future medical expenses may seem both obvious and not necessary. Some lawyers might tell their client, not to worry they have Workers’ Compensation benefits and will or can use that for future medical care.  Others might say that the client’s private health insurance will cover them after the case is settled.  Lastly, as many client’s with permanent injuries apply for Social Security Disability which comes with both a monthly economic payment as well as Medicare, the attorney or firm will lead client to believe he or she can use Medicare and have no worries.   All the above are incorrect and without proper planning, presentation and obtaining the requisite proof a client can be without proper medial coverage for his or her accident related injuries.

The reason the options just mentioned are wrong and would lead the client to a false sense of security is because there are various laws, both State and Federal that state how a client, in a construction accident, can and should prepare and protect for future medical care.  Under present law in New York, when a client settles his or her third party lawsuit (that is a suit against someone other than their employer) while injured on the job, their Workers’ Compensation benefits usually end.  The reason is that under Section 29 of the Workers Compensation Law, a compensation carrier, is allowed to take a credit for the net award the client/employee receives from the third party case.  This credit creates a “holiday” in which the compensation carrier is not obligated to make payments.  For example: if an injured party settles a third-party case and nets after attorney fees, expenses and liens, $300,000.00, workers compensation will not have to pay this client any compensation benefits until he has used up that $300,000.00.  So if he was getting $30,000.00 a year in benefits at the time of settlement, he will not get compensation benefits for 10 years.  At that point the client can apply for benefits to continue but often has reached a certain age, passed away or is no longer entitled to benefits.   So advising a client that he can keep getting compensation benefits for medical is not going to be correct.

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