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New York City Personal Injury Law Blog

Common reasons for slip and fall accidents outside

Businesses in New York try to please their customers as many businesses rely on customers to come to their stores and buy their products. So, they take pride in making sure that the store is welcoming, the service is good and people like their experience, so they come again and tell friends and family about the store. This means that store owners also have an interest in ensuring that their customers are also safe in their stores.

This last concern is actually a legal requirement as well. Store owners are required to keep their property free of dangerous conditions to prevent slip-and-fall type accidents from occurring. However, store owners do not always meet this requirement and accidents occur from time to time. This duty extends beyond just the inside of the store as well. Store owners must also keep the outdoor property they own free of dangerous conditions, but like accidents inside the store they occur outside too.

Many people receive workers' compensation in New York each year

It is important for both businesses and workers in New York that people are healthy and able to work. When people are injured, it clearly effects the workers who are dealing with the pain of the injury and potentially lost income as well. But it also hurts the businesses who may not have an important worker to perform the tasks needed to keep the business productive. So, there are many laws in place to try and ensure that the workers are safe at work and are able to continue working.

As stated above though the injured workers suffer more than just an injury. If they are unable to work, they also could lose income leaving them in a difficult financial position. However, the injured workers could be entitled to workers' compensation benefits if the injury occurred while the worker was working. The statistics demonstrate that this occurs relatively often in New York.

Reasons why workers' compensation claims are denied

Workers in New York and elsewhere understand that accidents and injuries are possible in the workplace. For the most part, individuals think that workplace injuries are minor incidents that might require a few days off of work to recover. Additionally, they often think of these injuries of being covered by his or her employer's worker compensation insurance. However, there are many instances where workplace injuries are not covered by workers' compensation, or the accident in question falls in a gray area. In these circumstances it is critical to acquire legal assistance to ensure that the right evidence is presented to protect a claim.

Filing a claim after a workplace injury is necessary for those seeking workers' compensation. However, just because an employee files a claim does not mean that he or she will automatically be approved and receive these benefits. It is very possible that the employee could be denied. By knowing the common reasons for denial, a claimant can better prepare the legal arguments that are necessary to support his or her position.

Recent crane accidents highlight New York risks

Over the past several months, construction crane collapses have been prominent in the news. To the casual observer, it can seem as if cranes are now crashing down all around us. The effect is amplified by disturbing videos from cellphones or surveillance cameras.

As vivid as these sometimes-deadly accidents are, most people have little chance of being hurt in an accident like this. But such videos are a good reminder that construction workers living with the constant possibility of injury or deathis not a trick of perspective.

Construction worker may receive more than workers' compensation

There has been a construction boom in New York and many buildings are being constructed. This is good for more than just the companies constructing and ultimately profiting from the construction of the buildings. It is also good for the many construction workers who rely on these jobs for their income to support themselves and their families. However, the type of work that is involved in construction projects can be dangerous and construction accidents occur and workers are injured as a result.

There are many causes of these accidents and the severity of the injuries vary, but some are very serious and devastating for the worker and their families. Many of the accidents that occur could have been avoided though if the proper safety procedures were followed and safety equipment was used properly. So, there are laws in place that require the contractors to install and provide the proper safety equipment. If they do not they could be required to compensate the victims.

Truck runs off road, hits pedestrian and crashes into building

People in New York can try and plan for things as much as they can and take as many safety precautions as they can but, from time to time, even the safest people end up in accidents. This is because the actions of others are unpredictable, and people cannot plan for them and simply must react. Unfortunately, sometimes when people are simply reacting, they cannot do so fast enough and end suffering injuries as a result, some which can change people's lives.

This is what occurred recently when a pedestrian was struck by a truck that ran off the road and hit him on the sidewalk before crashing into a building. The driver of the truck then began backing up and struck another person while doing that. It is unclear what caused the truck driver to run off the road, but the driver was arrested. Both people struck by the truck were brought to the hospital and the first person hit was in critical condition.

What is an "attractive nuisance"?

In New York and other cities across the nation, residents and visitors are compelled to enter various properties based on different factors. It is not only the purpose of the property, such as a store, restaurant or place of service, it is also what the outside looks like that brings people in. Much like advertisements and signs bring in adults to certain properties, certain factors can attract children to properties as well. In some cases, it is dangerous factors or hidden dangers that cause children to enter certain properties, which could be classified as attractive nuisances.

What is an "attractive nuisance"? In simple terms, this is considered to be something on a property that is interesting enough to entice a child to enter the property of another. This is a fairly broad definition. An attractive nuisance could be anything from something that is man-made, such as a pond, to something that is not well maintained, such as an old playground set. If something could be visually appealing to a child or cause a child to want to touch or play with it, this could be considered an attractive nuisance.

Potential damages in a premises liability lawsuit

Most people in New York do not like being injured and therefore take steps to ensure that they will not suffer one. This means that they may not take unnecessary risks, drive safely, pay attention to their surroundings when they are out in public or in stores and take other precautions. However, there are situations when even the safest people can suffer injuries through no fault of their own. This is because those around them act negligently and cause accidents.

One type of accident that can occur is a premises liability accident. These are accidents that occur when people are on property that is not their own and they injure themselves on a dangerous property condition. This could be a slippery substance on the floor, an object falling off a shelf, uneven sidewalks, snow or ice and many other types of dangerous conditions. These accidents can lead to serious injuries as well and leave people in very difficult situations both physically and financially.

Who is covered under Labor Law 241?

Construction projects are booming in New York right now. That means that there are many construction workers at work throughout the city. All of these projects should be safe, but as these projects can be many stories high and require heavy machinery and materials, there are many inherent dangers at these construction sites. So, it is very important that all safety equipment is being used properly and that other safety regulations must be followed to ensure the safety of the workers.

Unfortunately though not all contractors follow the safety regulations and workers are injured as a result of construction accidents. One of these laws is Labor Law 241 which states specific regulations that must be followed regarding scaffolding and other safety measures to ensure that the workers do not fall from high heights.

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