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New York City Personal Injury Law Blog

Process for workers' compensation hearings and appeals

Everyone in New York will get hurt at some point in time in their lives. When this occurs it will affect people's lives. It could be very minor and simply require putting a band aid on it or having a minor irritation when doing certain activities. On the other end of the spectrum, injuries can completely change people's lives and they may never be the same again, permanently prohibiting from doing certain things or using certain body parts. In between these two extremes the severity can vary greatly.

One of the activities that people may not be able to do while injured is their job. This can be very devastating for people because, as their medical bills mount, they are not working in order to receive income to pay for the bills. Victims of accidents may be entitled to compensation though depending on how and where the accident occurred. If the accident and injury occurred while the person was working they may be entitled to workers' compensation benefits.

Proving negligence in a car accident

The New York roadways are busy and filled with motorists. While many follow the rules of the road and drive safely, others do not uphold their duty to drive safely. Whether it is a speeding driver, a driver cutting off another in traffic, failing to use a turn signal, turning when it is unsafe to do so, distracted driving or driving under the influence, a negligent driver could be the cause of a sudden and serious car accident.

The aftermath of a car accident can be gruesome and overwhelming. It can also be difficult to fully assess what happened and caused the accident. When it is believed a negligent driver is to blame, certain elements must be met. There are five elements that must be met when asserting negligence in a personal injury action.

Requirements for a claim for compensation after hit-and-run

There are many dangers on the road in New York and many negligent drivers. Due to this combination there are also many car accidents every year as well. The severity of the accidents does vary but in some instances people have significant damage to their vehicles and suffer severe injuries as a result. It is important that the victims are compensated for these injuries and that is why drivers in New York are required to have car insurance. They are also required to stay at the scene of an accident to provide the other driver with contact information.

This does not always happen though for a variety of reasons and sometimes innocent drivers are the victims of hit-and-run accidents. These can leave the victim in a very difficult position because they do not know who the other driver is much less whether they have sufficient insurance to pay for all the damages they caused. However, if the victim of the accident has uninsured or underinsured coverage through their own insurance policy they still may be able to receive compensation.

The notice requirement for liability in slip-and-fall cases

There are many ways that people injure themselves in New York and most people will be injured at some point in time. Some of these injuries are caused by the person's own negligence, but in many other situations, people are injured because of other people's negligence. This could be a car accident caused by a driver who ran a red light, a doctor's mistake during a surgery, a property owner's failure to keep their property safe and other reasons.

If other people are responsible for the accident which caused the injury, the victim may be entitled to compensation for their injuries. However, before they can receive any compensation they will need to prove that the other party is at fault. How that is accomplished depends on the circumstances and the type of accident. For a slip-and-fall accident though, the victim must demonstrate that there was a dangerous condition on the property, the property owner knew about it and did not do enough to prevent the accident.

Two reasons to see a doctor immediately after a work injury

Maybe you strained a muscle in your back, got a cut from a boxcutter, or a heavy box was dropped on your toe. The injury isn’t as bad as it could be, so you decide to wait a few days to see if it gets better before going to the doctor. This is not a wise decision. Why?

90 Mississippi individuals lost their lives due to a work injury. Many others sustained work injuries. Injuries at work can be serious. Why is it important to see a doctor right after an injury?

Construction worker suffers serious injury at worksite

There are many different aspects of construction projects in New York and there are many workers that may be at a construction site at one time. That is why it is so important that all workers and construction companies follow the safety rules and regulations. If they do not workers who may not even be involved with a particular project may end up being injured as a result of a construction accident. Some of these injuries can be very severe as well and cause significant medical and financial hardships for the worker.

This unfortunately recently happened to a construction worker who was struck by a steel plate. It hit him just below the knees and severed both of his legs. The worker was also forced into a hole which was approximately 10 feet deep. Responding officers were able to reach him and apply tourniquets to try and stop the bleeding. The worker was transported to the hospital and treated for his injuries. While it does not appear to be life threatening, the worker's life will be changed forever because of this accident.

How can you prove liability in a slip-and-fall action?

We all enter the property of others. This could be the neighbor's house, an office building, the grocery store, the post office or a restaurant. When visitors enter these properties, one is under the impression that they safe to enter and remain at these locations. Unfortunately, if a property owner does not take steps to protect against such injuries, it is possible to hold them responsible for any injuries that arise from an accident occurring on their property.

The winter weather in New York and other states can be gruesome. It is not only difficult to drive in, but it can also present challenges for those walking in snowy and icy conditions. This not only means slippery sidewalks but could also mean wet and slippery conditions inside of public places. No one expects to encounter such dangerous conditions when entering a store; however, a slip-and-fall accident is very possible.

Workers with occupational diseases may receive compensation

People in New York have many different types of jobs and work in many different types of environments. Some work in offices, retail stores, at construction sites, in manufacturing plants, warehouses and in many other types of environments. These various types of environments mean that workers will be exposed to different elements and potential dangers.

Some people are forced to work in areas where they may be exposed to different chemicals or work in areas with very loud noises as part of their job. Over the years, even with the proper safety equipment, workers may develop different occupational diseases or lose their hearing due to this exposure over time. This can be very devastating for the worker and can cause the same problems as if the worker suffered an injury in a one-time accident. The worker may incur medical bills and lose time at work due to these diseases and loss of hearing.

How safe are self-parking features?

Whether you are new to driving in the city that never sleeps or you have negotiated the crowded streets for as long as you can remember, most drivers have some fear of parallel parking. Parking in the big city can seem like a fantasy. If you are lucky enough to find an empty place, you may question whether you will be able to maneuver your vehicle to fit.

It looks so easy when some people do it, but for most, there was a sense of relief when car manufacturers started releasing vehicles that included self-park and park-assist features. The features promise to make parallel parking easier, but how reliable are these features?

Most common reasons that car accidents occur

When people get into their vehicles in New York, they usually are not thinking about getting into an accident They certainly take the proper precautions and follow the various laws to try and minimize the likelihood that they will be in a car accident, but usually people are simply thinking about getting to their destination. However, the reality is that every time people drive, there is a risk that they will get into an accident, even if they are driving perfectly.

The problem is that other drivers do not always take the same precautions and may cause an accident with even the best drivers. There are many causes of car accidents but some are more common than others. Some of the most common causes are: distracted driving, drunk driving, speeding, taking dangerous chances, running red lights or stop signs, driving too close behind another vehicle, failing to yield or other improper turns, mechanical failures and other causes.

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