Articles Tagged with “manhattan construction accident lawyer”

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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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On August 10, 2012, while climbing down a ladder at work our client was caused to fall when the ladder tipped over as a result of being placed on wet Masonite. On the date of the accident the client was a 33 year old non-union electrical worker.  He left the job site by cab but upon arriving home he was in such excruciating pain he went to the Emergency Room.  He was admitted and diagnosed with a fracture to his pelvis and a herniation to his lower back.  The client tried to treat conservatively with physical therapy.  In February of 2013 the client attempted to return to work but due to his pain he was forced to go back out on Workers Compensation.   A former client of Leav & Steinberg, who knew the plaintiff from the neighborhood was discussing his accident and pointed out that he should speak with an attorney and recommended Leav & Steinberg given the success we had for him in the past.  After this meeting, the client contacted our office and retained us.

Leav & Steinberg, LLP immediately filed a lawsuit alleging Labor Law Sections 240(1) and 241(6), specifically Rule 23 Section 1-21(b)(4)(ii). Over the course of the next two years the client was required to undergo two surgeries; (1) for a torn labrum in his hip and (2) a lumbar fusion in order to stabilize the vertebrae at L4-5.  Leav & Steinberg, LLP completed discovery and had the matter placed on the trail calendar less than 3 years after the date of accident.  The parties participated in Mediation where an offer of $1,500,000.00 was made.  Upon the legal advice of Leav & Steinberg, LLP this offer was rejected by the client.  A motion was also made by Daniela F. Henriques, Esq., for partial summary judgment on the issue of liability pursuant to Labor Law Section 240(1).  The motion was still pending on the date of the settlement.  The defendants’ position on the motion was that the accident was caused solely by the decision of the plaintiff to use equipment that was not safe and not secured.

In light of the fact that the trial was scheduled for October, 2016, the defendant’s again requested that we participate in a second non-binding mediation.   They further argued that the client had made a good recovery and that his work history was sporadic.  In addition, they argued that given his intelligence and other skills he could return to employment and earn an equal salary; even if not as an electrician.

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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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Over the past year, jobsite injuries have been regularly making the news. According to the New York Daily News, it turns out that workplace accidents actually increased in New York by 31 percent from 2011 to 2012, while the New York Buildings Department cut its number of worksite inspections by nearly 40 percent in the past three years. An article in PR Web echoed these figures, calling for more oversight in the construction industry. What do these numbers mean for you? If you or someone you know works in the construction industry, it turns out that jobsites may not be as safe as we’d like to think.

What Sparked the Investigation into Jobsite Accidents?

The New York Daily News introduced concerns about jobsite-accident increases by summarizing some of the newsworthy injuries over the past year.

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