New York Workplace Accident Lawyers

On January 2, 2010, In Workplace Accidents, By admin

Work-related accidents are often unexpected and violent, and can cause serious injury or even death. Workers’ compensation laws deal with the damages that can be awarded to injured employees to cover medical expenses, continuing wages, and loss of the capacity to earn. However, a workers’ compensation claim may not be your only recourse.

If you have suffered from an on-the-job injury, make sure the lawyer you hire investigates whether you also have a claim against a “third party,” such as the manufacturer of unsafe equipment, the owner of the premises or vessel where the injury occurred (if different from your employer), or against another company whose employee caused the injury. At the Goidel and Siegel lawfirm in NY, we investigate every aspect of your work-related injury.

NY Construction Injury Lawyers

Some of the most dangerous working conditions faced by employees in any industry are those faced by construction workers. There are thousands of construction sites at any given time in New York City. Unfortunately, there are also thousands of injuries to construction workers in NYC every year.

The very nature of construction work requires the handling of dangerous equipment and hazardous materials. Many laws exist requiring employers to make regular safety inspections at job sites and to provide their workers with the proper protective gear. The law also requires that employers train their workers how to safely and properly use all tools and machinery. Employers sometimes neglect to perform these mandatory steps, and as a result, construction workers are put at risk for serious and life threatening injuries.

Types of Workplace Injuries

Our New York attorneys can handle any type of workplace / construction accident injury including:

The recovery from a workplace or construction injury can be a long, painful, and costly process. If you or someone you know has been injured at a construction job site, or has been injured in any workplace accident, Goidel & Siegel are the best personal injury attorneys to call. We have been litigating workplace accidents for almost 2 decades, and are experts in getting the most compensation for your injuries.

Is important that you contact us soon as possible following a construction site / workplace accident so a detailed and thorough investigation be performed before insurance company representatives and negligent defendants have the opportunity to change the conditions that caused you to be seriously injured. We will take the steps to preserve the evidence from your construction site / workplace accident to build your case as strong as possible.

Contact our accident lawyers today.

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Study Reports High Injury Rates for Hotel Workers

On April 20, 2009, In Workplace Accidents, By admin

New York, NY – A study released on August 27, 2007 at PREMUS – the Sixth International Scientific Conference on Prevention of Work-Related Musculoskeletal Disorders, held in Boston, highlights the differences in injury rates by gender, race/ethnicity or both. Dr. Susan Buchanan, University of Illinois at Chicago School of Public Health, presented the alarming results that raise many questions as to why certain workers are getting injured at different rates. PREMUS is a prestigious academic conference, gathering researchers from around the world with the goal of preventing work-related musculoskeletal disorders.

This first study ever on the differences in injury rates by race, ethnicity and gender of hotel workers in the United States utilized hotel employer records of work-related injuries and employee hiring list data. This is the largest study of hotel workers’ injuries ever performed in the United States aside from data that the Department of Labor collects annually.

Dr. Buchanan, along with professors from the University of Massachusetts Lowell, University of California San Francisco and Hunter College School of Health Sciences collaborated with UNITE HERE, the union of hospitality workers, on this study of over 28,000 hotel workers employed in 72 unionized hotels during the 2003-2005 time period. The hotel companies included in the study are Hilton, Hyatt, Intercontinental, Marriott and Starwood.

A sample of 35 union hotels in the “full-service” sector was selected for further study of disparities in injury rates by gender and race/ethnicity. This sample includes 16,000 workers employed annually with over 700 injuries occurring each year.

Key Findings:

Hotel Workers – New Analysis Provides Descriptive Data on Key Job Titles

The job titles included in this new injury study – room attendants, stewards/dishwashers, banquet servers and cooks/kitchen workers — represent 49% of the hotel workforce; therefore, these study findings require serious attention given the large number of workers affected in the hotel industry.

Female Workers – Highest Rates of Injuries

Disparities by gender: injury rates of 5.5% for females compared to 3.7% for males.
In job titles where both males and females are employed, female workers’ injury rates are consistently higher than males:

Stewards/Dishwashers: 10.1% vs. 5.1% in males
Cooks: 6.1% vs. 5.1% in males
Banquet Servers: 2.6% vs. 1.8% in males
Workers of Color – Higher Rates Consistently by Subgroups
Disparities by race/ethnicity: injury rates of 4.9% for nonwhites compared to 3.0% for whites, with even higher rates by demographic subgroups.

Injury rates are higher for nonwhites in 3 out of 4 job titles — housekeepers, cooks and banquet servers.
Women Workers of Color – Combined Risks Equal Highest Risks of All
The combination of increased risk by gender with the increased risk by race/ethnicity suggests an even greater increased risk for women of color:

Female Hispanic Stewards/Dishwashers: 10.0%
Female Hispanic Room Attendants: 9.5%
Female Asian Cooks: 8.9%
Female Hispanic Banquet Servers: 3.9%
Female Black Hotel Workers: 3.8%

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NY Work Zone Crashes, Accidents and Deaths

On April 17, 2009, In Construction Injury, Workplace Accidents, By admin

NYCDOT is working on state legislation to intensify penalties against drivers who are convicted of either killing or injuring construction workers in work zones. The proposed bill is intended to serve as a deterrent to driving carelessly in a work zone.

Work Zone Facts at a Glance—

The number of persons killed in motor vehicle crashes in work zones has risen from 989 in 2001 to 1,010 in 2006 (an average of 1,031 fatalities a year). Eighty-five percent of those killed in a work zone are drivers or occupants. More than 40,000 people are injured each year as a result of motor vehicle crashes in work zones.

 - 605 Crashes in NYS DOT work zones in 2005

 - 17 Fatalities in NYS DOT work zones crashes in 2005

 - 220 Injuries in NYS DOT work zone crashes in 2005

 - 8 NYS DOT workers injured in work zones crashes in 2005

 - 24 Average number of reported intrusions into work zones in New York City each year

 - In 2005, one of NYCDOT employees was killed when a driver invaded the work zone.Approximately 25% of the work zone accidents involved large trucks. In addition:

 - Approximately half of all fatal work zone crashes occurred during the day.

- More than two times as many fatal work zone crashes occurred on weekdays as on weekends.

- Fatal work zone crashes occurred most often in the summer and the fall. Read morehttp://www.nyc.gov/

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Federal Judge Blasts Use of Statistics on Race to Set Damages in Ferry Crash

On October 29, 2008, In Accident Lawyers, Legal News, Workplace Accidents, By NewSunSEO

“A Brooklyn federal judge has slammed the use of statistics showing racial differences in life expectancy to determine damages for a catastrophically injured black man.

James McMillan was rendered a quadriplegic in the 2003 crash of the New York City-operated Staten Island Ferry. Last month, Eastern District of New York Judge Jack B. Weinstein awarded McMillan damages of $18.3 million.

The city had sought to limit McMillan’s damages on a number of grounds, arguing that his past criminal records as much as his race indicated a shorter life expectancy. But Weinstein indicated during trial he would issue a written decision further explaining his reasoning on the race issue.

Issuing that decision Tuesday, Weinstein said the consideration of statistical differences in life expectancy among races in determining damages would be discriminatory and unconstitutional.

He noted that a wrongheaded insistence on immutable racial differences had been behind the U.S. Supreme Court’s infamous decision in Plessy v. Ferguson, 163 U.S. 537 (1896), which upheld racial segregation under the doctrine of “separate but equal.”

“Statistical reliance on ‘race’ leads to such questions as whether Plessy would have been today categorized as ‘African American’ for life expectancy purposes,” Weinstein wrote. “In a more recent example, ‘racially’ characterizing for statistical purposes in a negligence lawsuit the current Democrat Party presidential candidate, born of a ‘White’ American mother and an ‘African’ citizen of Kenya, would be considered absurd by most Americans.”

The judge also said racial statistics should be rejected on scientific grounds, and he approvingly cited a number of well-known anthropologists who regard race as a social construct rather than a biological fact.

“Reliance on ‘race’-based statistics in estimating life expectancy of individuals for purposes of calculating damages is not scientifically acceptable in our current heterogeneous population,” Weinstein wrote in McMillan v. City of New York, 03 civ. 6049.

Though the judge acknowledged a documented mortality gap between blacks and whites, he said the gap likely owed much to socioeconomic factors masked as “race.” He noted some studies indicating that blacks and whites of equivalent socioeconomic status enjoyed similar longevity.

Weinstein said that courts had increasingly moved toward race- and gender-neutral calculations of damages, and observed that racial differences were ignored by Special Master Kenneth R. Feinberg in his administration of the federal September 11th Victim Compensation Fund.

The Corporation Counsel’s Office declined to comment on Weinstein’s decision.

The 2003 ferry accident, which killed 11 people and injured dozens more, has led to a flood of litigation. Before McMillan’s award was handed down, the city had already agreed to pay more than $50 million to settle several other cases. Around 40 more cases remain open.”

(Read More At: Law.com)

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Workplace / Construction Accident Lawyers NY

On August 22, 2008, In Construction Injury, Workplace Accidents, By NewSunSEO

There are thousands of construction sites at any given time in New York City.  Unfortunately, there are also thousands of injuries to construction workers in New York every year.  The very nature of construction work requires the handling of dangerous equipment and hazardous materials. 

Construction Injuries:  Why so High?

Many laws exist requiring employers to make regular safety inspections at job sites and to provide their workers with the proper protective gear.   The law also requires that employers train their workers how to safely and properly use all tools and machinery.   Employers sometimes neglect to perform these mandatory steps, and as a result, construction workers are put at risk for serious and life threatening injuries. 

Many Types of Workplace Accidents

Construction sites are not the only workplace where injuries are common.  At Goidel & Siegel, we can handle any type of workplace accident injury, including:

  • Back and neck injuries
  • Burns
  • Construction accidents
  • Defective equipment / machinery
  • Electrocution
  • Elevator accidents
  • Falls from ladders and scaffolds
  • Industrial accidents
  • Product liability
  • Repetitive stress injuries
  • Roof crush
  • Toxic chemical injuries

The recovery from a workplace or construction injury can be a long, painful, and costly process.  If you or someone you know has been injured at a construction job site, or has been injured in any workplace accident, Goidel & Siegel are the best personal injury attorneys to call.  We have been litigating workplace accidents for almost 2 decades, and are experts in getting the most compensation for your injuries.

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Elevator Accidents in New York City : Insult to Injury

On August 6, 2008, In Accident Lawyers, Housing & Premises Accidents, Personal Injury Lawyers, Workplace Accidents, By NewSunSEO

Imagine for a moment that you’re going about a typical day in NYC.  Your mind is focused on your plans for the day and how you will fit them all into your busy schedule.   The elevator you’ve been waiting for opens, you step in and-BAM!   Your ankle throbs in pain as you struggle to stand and gain your bearings.   Finally, you realize what happened:  The elevator shaft didn’t stop level with the door, causing you to drop 10 feet when you attempted to board it.

While the above is a hypothetical scenario, unfortunately, accidents like these are all too real on New York elevators.   An estimated 27 people per year die on elevators, and thousands more are injured.  Besides misleveling problems, elevators suffer other common malfunctions that injure people regularly.    Sudden drops, for example occur when an elevator shaft lurches or plummets abruptly down, often causing neck and back injuries to its occupants.

New York City has a rich history, with many of its buildings dating back to the turn of the 20th century.  Elevators in these old buildings are aging too.  Building codes and safety features have evolved considerably in the past 100 years, but many property owners in New York have not done their part to ensure that their buildings’ elevators are safely maintained and retrofitted.

Some older elevators for example, have malfunctioning doors that close too quickly, causing crush or pinch injuries to a person’s body.   Another common problem in older elevators is that the doors can swing forward into the shaft when pressure is applied to them-an extremely dangerous situation.    However, by retrofitting older elevator doors with Z brackets and Kick stops, swinging door accidents can be virtually eliminated.    But while these two inexpensive fixes are recommended by the Elevator Advisory Council and the Buildings Department, they are not mandatory.

Many landlords have neglected to perform this simple fix, as well as other routine fixes, and as a result thousands of people continue to be injured in New York City elevators every year.   These injuries cause undue suffering to its victims, who not only have to deal with the physical pain, but the hassle of medical bills and loss of income as well.   If you have been injured in an elevator accident, it is a very good idea to contact a reputable personal injury lawyer, who can be invaluable in helping you sort out the mess caused by someone else’s negligence.  

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Worker Dies in Fall Off Scaffold in Brooklyn

On June 6, 2008, In Construction Injury, Workplace Accidents, By NewSunSEO

Police say a construction worker is dead after falling four stories off a scaffold in Brooklyn. Fifty-year-old Houssain Mosharrf fell at about 2:05 p.m. Monday. He was taken to Kings County Hospital, where he was pronounced dead. The Brooklyn man was working on a six-story building at 789 St. Marks Ave. There have been a spate of deadly construction accidents this year that have left more than two dozen workers dead. On Friday, a giant crane collapsed, killing two workers and injuring a third.

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NYC CRANE VICTIM ON THE MEND

On June 4, 2008, In Accident Lawyers, Construction Injury, Legal News, Workplace Accidents, By NewSunSEO
June 3, 2008
 
The construction worker whose chest was slashed open in Friday’s deadly Upper East Side crane collapse is already on his feet, family and friends say.

Alexis “Andy” Simeone, a 31-year-old carpenter injured in the Friday accident that killed two fellow hardhats, spent yesterday visiting doctors and running errands, his family said. He was discharged from the hospital Sunday.

News of Simeone’s recovery comes as questions swirl around the last inspector to sign off on the crane – and as City Hall scrambled to put the finishing touches on a proposed overhaul of construction-safety guidelines.

“He’s lucky, he’s really lucky to be alive,” Simeone’s sister Emma told The Post from Grenada, where he grew up. “He said he didn’t know what hit him.”

Simeone, a married father of a 1-year-old daughter, was working inside the building to be known as The Azure on 335 E. 91st Street when the crane collapsed, taking him with it, according to his sister.

“The puncture was on his right side. Had it been on his left side, near his heart, he would have been gone,” said Brownsville neighbor and family friend John Stafford, 51.

Yesterday, Department of Buildings inspector Patrick McGarrigle, who checked the crane a week before the accident and reported nothing amiss, declined comment outside his East Brunswick, NJ, home.

“I can’t talk to you,” he said when asked about reports the crane may have had a faulty turntable connected to the cab and shoddy welds.

Meanwhile, construction worker Houssain Mosharrf , 52, died yesterday in a four-story fall from a scaffolding at a building at 789 St. Marks Ave. in Brooklyn.

(News Article from the New York Post)

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Workplace Accidents : Top 10 Checklist for Business Owners

On April 18, 2008, In Accident Lawyers, Personal Injury Lawyers, Workplace Accidents, By NewSunSEO

Workplace accidents are a common occurrence. Every day more than a dozen US workers die from a work-related injury and another 10,000 are seriously injured. As a business owner, it is important that you are careful to take as many steps as possible to protect your employees and your business.

  1. Workers are allowed to refuse to work in unsafe working conditions. As an employer, you need to respect these refusals and investigate the safety issues that your employees are describing. If the conditions are unsafe, be sure to fix them before allowing workers to return to the work site.

  2. Create a plan for your employees to follow in case of an emergency. Make sure your employees know the procedure, include it in company handbooks and post it around the work sites.

  3. Start to establish safety at the very beginning. Your new employees should know about safety procedures their first day of work. During training, be sure to emphasize the importance of safety.

  4. It is essential that the management team also understands how important it is to take steps to avoid accidents. If management is cautious, workers are more likely to be cautious as well.

  5. If your workers do not know how to safely approach a task, they should not begin it. Tell them to consult a superior before starting the job.

  6. Employees should notify management if they notice any hazardous conditions. Management should be open to these concerns and assess the problem. It should then be reported to the superior.

  7. Make sure that employees know to report any injury, even minor injuries immediately. If the injury requires treatment, make sure the worker gets the treatment right away. Delay in treatment could turn a minor injury into a major injury.

  8. Hold safety-training sessions to remind all employees just how important workplace safety is. Also use this time to review safety procedures and any new accident prevention information.

  9. Hire a safety consultant to assess the amount of danger that is in your worksite. The consultant can make suggestions to help reduce the potential for accidents. Many insurance companies provide consultants at no extra charge.

  10. If an accident does occur on your worksite, it is essential that you take the proper steps to report the incident. Accident reports should include a list of prohibited actions, the company’s accident policy, medical reports, and any additional safety procedures.

Workplace accidents are a serious danger and business owners need to be sure to take them seriously. If you are cautious and follow safety guidelines, then your workplace will be a better environment for all employees and yourself.

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