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New York City Personal Injury Law Blog

More traffic in New York City making streets dangerous

Just by trying to get somewhere in New York City, you run the risk of being in a traffic accident. And with the number of cars on the road, that risk is rising.

As less New Yorkers use public transportation, the danger on city streets is going up. More residents of New York City are choosing to use ride-hailing services like Uber or Lyft over public transportation. With more residents using individual cars over buses and subways, traffic accidents are on the rise.

Whiplash following a car crash can cause significant problems

When people in New York get in their vehicles to drive, there are many things that they are thinking about. However, for the most part people are not thinking that they will be in a car crash. While every driver may know it's a possibility people generally do not think that they will actually be in one. It is a real possibility though and there are many car accidents each year. The damage caused by these accidents can range from relatively minor to extremely devastating and have many different outcomes in between the two extremes.

People in car accidents can suffer a variety of injuries as well. One of these injuries is whiplash. This is an injury to the neck caused when the body is suddenly forced forward or backward and car accidents are a common cause of whiplash. People who suffer from whiplash can experience neck pain, headaches, pain in their shoulder area, back pain, pain in their arms, dizziness and others. Whiplash can also affect people's sleep and overall mood.

Guiding you through a premises liability action

New Yorkers enter private and public property with little to no thought about the safety of the property. One often presumes it is safe to enter property, and they will not run into any risks or dangers while on these premises. Unfortunately, property owners can fail to maintain reasonably safe premises. This could result in serious harms to a visitor, giving rise to a premises liability claim.

Whether it is at a restaurant, store, office or private residence, when an individual slips, trips or falls, injuring him or herself, it can be a shocking event. One is never prepared to deal with the aftermath of a sudden accident, which can make the pain and financial consequences associated with it very overwhelming.

What you need to know about New York’s Scaffold Law

The New York Scaffold Law (Labor Law 240) makes New York an unappealing location for prospective builders. The law holds employers and property owners liable to cover the charges imposed from gravity-related falls when employees work from high-elevations without the proper safety equipment. The law was set up in 1885 and is the only state law nationwide that makes the employee and property owner 100% liable in gravity-related injury cases.

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.

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