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New York State (NYS) Workers Compensation Lawsuits-Claim Guide by Injury Lawyer

October 21st, 2008 · No Comments

As per the U.S. Bureau of Labor Statistics, more than 4 million workers were injured on the job during 2005 and 5,700 workers lost their lives from work related injuries. New York State’s no-fault worker’s compensation program is meant to provide financial protection to workers hurt on the job and to provide them appropriate medical care.

NYS State law requires employers to purchase insurance in order to provide workers’ compensation benefits to his/her employees. This insurance covers payments for medical care and to replace lost wages. It also provides facility regarding medical treatment. However, denials are common while filing an injury claim. Your case is handled by a third party insurer (excluding State), which would be reluctant to pay for your injury claim.

Once your claim is denied/reduced or terminated, you are allowed to a hearing before a law judge. This is the most crucial aspect since other side will definitely hire a strong defense attorney to devoid you of your claim amount. If you get into a similar situation, you should immediately get in touch with your workers compensation lawyer who will represent your case and will help you receive justice and compensation.

Workers injury compensation claim does not remain restricted to injury claims resulting from an accident. Worker compensation can be filed in carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes which could be related to inferior health and safety services at your workplace. It can also include post-traumatic stress disorders and several others.

If you work for a covered New York employer then you are eligible for workers compensation benefits. It is the duty of your employer to insure safety of its employees and to provide them adequate medical help in case of an accident at workplace. Moreover, you would be eligible for workers compensation regardless of whether you are full-time, part-time, temporary, or any other undocumented worker.

In case you feel that you have been a victim of personal injury due to negligence by your employer, then you must get in touch with us at 1-866-ATTY-LAW. We will help you receive justice and compensation for y our injuries. We will help you receive various benefits such as: Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability, and other programs

Article Update by : New York City Workers Compensation Lawyer

Workers Compensation Legal Law Resources :

A Guide to Workers Compensation in New York
Major Provisions of the New York Employment, Safety and Security Act of 1996
Temporary Payments of Workers Compensation without Prejudice, New York State
New York State : Components of Workers’ Compensation Premium
Workers Compensation in New York City
Independent’ Medical Examinations & Workers Compensation in New York State
New York State Worker’s Compensation: Some Basic Sources

→ No CommentsTags: Accident Injuries · Construction Accidents · Personal Injury

Types of Personal Injury Compensation/Claims: Update by New York State (NYS) Injury Attorney

October 14th, 2008 · No Comments

Personal injury compensation is paid out as a monetary award of damages which is meant to compensate the victim for the injury and losses which they have sustained due to injuries. The personal injury compensation that can be won for a claimant falls into two major categories:

Injury Compensation – It encompasses general damages and is given to remunerate the injury victim for the pain, suffering, loss of work and inconvenience caused by the injury itself.  An example of this injury compensation would be a compensation amount given to the victim of a car accident because he/she had suffered spinal cord injuries as a direct result of the defendant’s rash driving. The amount of personal injury compensation is decided by keeping in mind the pain and discomfort suffered by any individual.

Financial Compensation – Financial compensation encompasses past or future financial losses which the injury victim has sustained. These financial compensation claims include loss of earnings and the cost of medical care. A good example would be a construction worker who was unable to work for several months due to his injuries which he suffered at construction site. If he was not paid in full by his employers in his absence then the defendant will be responsible for paying his previous due wages. His medical bills would also be paid in full. In certain type of serious medical malpractice cases like Cerebral Palsy, Erbs Palsy and various types of birth injury cases, this compensation amount can reach million of dollars. The exact cost of financial compensation is decided carefully after analyzing the medical status of the victim and medical treatment which he might require to support rest of his/her medical treatment or other financial losses.

→ No CommentsTags: Lawsuits · Personal Injury

Causes of Paraplegia : Update by New York Injury Law Firm

September 25th, 2008 · No Comments

Paraplegia is defined as the paralysis of the lower half of the body. Paraplegia injury can result from a spinal cord injury or an accident.

The following are some of the possible causes of paraplegia. You should consult your doctor in order to diagnose the symptoms of your paraplegia injury. Some of the possible causes of paraplegia are as given below:

  • Trauma
  • Fall from a height due to Scaffolding Accidents or any other
  • Vertebral fracture crushing spinal cord
  • Vertebral dislocation causing spinal cord compression
  • Vertebral disc prolapse
  • Tumour growth impinging on spinal cord
  • Prostate tumour
  • Tumour growth within spinal cord
  • Glioma
  • Tumour growth in vertebra
  • Bony metastases
  • Primary bone malignancy within vertebra
  • Multiple myeloma
  • Pathological crush fracture from osteoporosis
  • Osteoporosis
  • Hereditary Spastic paraplegia
  • Spina Bifida
  • Multiple Sclerosis
  • Infections
  • Acute disseminated encephalitis
  • Syphilis
  • Tuberculosis
  • AIDS
  • Dissecting aortic aneurysm
  • Hypotension
  • Acute blood loss
  • Epidural Haemorrhage
  • Subdural Haemorrhage
  • Epidural abscess
  • Trauma to the spine
  • Vitamin B12 Deficiency
  • HIV
  • Multiple sclerosis
  • Spina bifida
  • Cerebral palsy
  • Syringomyelia
  • Guillain-Barre syndrome
  • Myasthenia gravis
  • Eaton-Lambert syndrome
  • Motor neuron disease
  • Stroke
  • Medication side effect
  • Tick paralysis
  • Lyme disease
  • Spinal cord compression
  • Spinal cord injury
  • Spinal fracture
  • Dislocation of spine
  • Spontaneous hematomyelia
  • Spinal cord infarction
  • Postinfectious myelitis
  • Acute demyelination
  • Epidural bascess
  • Tumor compressing spinal cord
  • Epidural hemorrhage
  • Subdural hemorrhage
  • Bleeding disorder
  • Anticoagulant therapy
  • Idiopahtic postinfectious polyneuritis
  • Cervical spondylosis
  • Motor neurone disease
  • Polyneuropathy
  • Polymyositis

If you have been a victim of paraplegia due to negligence by some individual or authority, then you must file for a personal injury compensation. Your paraplegia injury can have detrimental effect on your health and wealth. You can also contact personal injury attorney who will help you receive justice and compensation for your pain and trauma.
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New York Paraplegia Attorney representing victims of paraplegia and other types of accident related injuries. NYC Personal Injury Attorney provides free legal consultation to the victims of personal injury, accident injury and medical malpractice injuries within NYC.

→ No CommentsTags: Medical Malpractice · Personal Injury

Filing a Personal Injury Claim or Lawsuit in NYC (New York)

September 22nd, 2008 · No Comments

If you have suffered personal injuries in an accident, medical malpractice or due to negligence of some New York state authority, then you can file a personal injury lawsuit or injury claim against the negligent authority or individual.

There are different types of personal injury claims for different types of accidents and injuries. Some of the personal injury claims and lawsuits are as given below:-

Accident related personal injuries in New York

Following are some of the injuries which result from various types of accidents

Medical Malpractice has become an epidemic across the United States and it is one of the major causes of personal injuries resulting from negligence of medical authorities and professionals.

Different types of Medical Malpractice Cases are as given below:-

If you or someone close to you has suffered serious injuries due to fault of some individual/authority, then you can file a personal injury claim. You can also contact your injury lawyer who will help you receive justice and compensation for your injuries and trauma.

Update by : NYC Personal Injury Lawyer

→ No CommentsTags: Lawsuits · Personal Injury

Manhattan, NYC dialysis center closed due to unsanitary conditions

September 17th, 2008 · No Comments

A Manhattan dialysis center was closed down after one patient contracted hepatitis C due to unsanitary conditions. The State Health Department inspectors found several samples of blood on chairs and machines.

In the past five years, more than 600 patients were treated at the center, and they have been urged to undergo hepatitis and H.I.V tests.

The State Health inspectors inspected the clinic, the Life Care Dialysis Center, located at 221 West 61st Street, and found that most of the employees failed to wash their hands properly. Further, disinfect equipments were not properly maintained and gloves were not changed while handling different patients. Several blood samples were found on the treatment chairs.

The Clinic was ordered to begin sending its patients to other clinics immediately. The Health Department also started testing patients for signs of infection. One patient was found to have been infected by hepatitis C, due to contaminated equipment. However, there was no evidence that other patients had been infected.

Dr. Walter Wasser, who is the in charge of the clinic and medical director, was fined $300,000 and was ordered to surrender his operating certificate.

News Update by : Manhattan, NYC Medical Malpractice Attorney

→ No CommentsTags: Manhattan · Medical Malpractice · New York

Construction Worker died in Scaffolding Accident : Update by NYC Lawyer

September 14th, 2008 · No Comments

A 38 year old man, Miguel Rodriguez died in a scaffolding accident at Morningside Heights construction site on Thursday.

The victim fell five stories to his death when his scaffolding collapsed. He was wearing a safety harness, but it was not tethered to the building.

Malik Hussain, 26, who is the owner of Classic Painting & Restoration Inc., told city officials probing the death that there was a rigging foreman present at the Morningside Heights site, a safety measure required by law, the Department of Investigation said.

The construction site was being supervised by a bogus foreman, Jinal Patel (aged 23) who lacked training and certification required to oversee the construction sites. He was arrested for presenting a fake identification card claiming that he was the foreman, despite a lack of training and certification, the department said.

Both Hussain and Patel were charged with criminal impersonation, which is punishable by up to one year in prison.

Rather than hiring a certified foreman, the owner Malik Hussain asked an unqualified worker to pose as foreman and even allowed him to use his identification card. Then, after the co-worker died in the scaffolding accident, the unqualified employee tried to keep us that false appearance and misguiding the police.

The Department of Buildings suspended Hussain’s special rigger’s license and stopped work at 28 other sites he was overseeing.

News Update by : New York (NYC) Construction Accident Attorney

→ No CommentsTags: Construction Accidents · New York · Wrongful Death

Auto Accident Injury Facts by New York City Accident Lawyer

September 13th, 2008 · No Comments

Several important facts related to Auto Accident injury victims were published in a report by the Journal Archives of Surgery on March 17th. More than 63% of accident victims confirmed that they experience substantial pain even after a year of receiving injuries in an auto accident. This report was published after perceiving physical health status of 3,000 patients (aged 18-84). These patients had suffered serious injuries in various accidents like slip and fall injury cases and various other auto accidents involving car accidents, bus accidents, and motorcycle accidents.

Most of the patients receive injuries in abdomen or chest which results in a chest or abdominal trauma. Some other patients suffer from broken limbs or fractures in various different types of accidents. Several of these patients report substantial pain in different parts of their body including limbs and joints (44%), Spine/Back (26%), Head/Brain injuries (12%) and the neck injuries (7%). However, back pain is one of the major causes of disabilities among Americans below 45 years.

A Baltimore based advocacy group known as “American Pain Foundation” has reported that financial expenses of chronic pain is around $100 Billion/Year in the US alone. This includes various health care expenses, loss of productivity and income at the workplace.

If you get injured in an accident then you must file a compensation for your injuries including both physical and mental trauma. Most of the accident cases are reported due to negligence of some individual, state or municipal authorities. It is important to file a personal injury claim within a particular time period (depending upon your State/Region). Your personal injury claim must include all major facts related to the accident and you must also present the medical report which will help to ascertain the exact amount of injuries you might have suffered.

Update by : New York City Injury Attorney - Frekhtman & Associates

→ No CommentsTags: Accident Injuries · Accidents · Auto Accidents · Bus Accidents · Car Accidents · New York · Truck Accidents

New York Medical Malpractice Compensation Guide by NY Lawyer

September 3rd, 2008 · No Comments

Medical Malpractice cases often result from complications arising from a surgery or operations. Your medical malpractice injury can also occur due to wrong prescription offered by your New York medical authority or an individual practitioner.

Most of the medical professionals have insured themselves against such lawsuits. Therefore clients have to face the aggressive defense lawyers who will try their best to devoid you of your medical malpractice claim.

It is observed that several doctors supply forms which their patients must sign. These forms are used by medical practitioners to safeguard themselves and to limit a patient’s right to sue.

Medical authorities including hospitals (both private/government), nursing homes, and doctors have a duty to provide competent medical care to their patients. If your doctor fails to provide competent medical care, then he has no right to continue his inferior medical services which could jeopardize the well-being of patients.

When a doctor asks you to sign an agreement which states that patient won’t sue in case of some complications or injuries, the doctor has a license to commit medical malpractice. Further these agreements are used to file a lawsuit against the patient himself who was the victim of medical malpractice. Their only motive is to scare people from filing a legitimate injury claims.

If you feel that you have been a victim of Medical Malpractice then you should follow these simple guidelines

Step 1: You should immediately consult another doctor at a separate medical facility if you don’t feel right after your surgery (minor or major). Your doctor will examine you and will give you his opinion in case your previous doctor made a mistake in his diagnosis or made a serious medical error. You should obtain a medical documentation from the new doctor and keep in your records.

Step2: You can call the New York State Department of Health (http://www.health.state.ny.us/) to inquire about your doctor’s legal history or to file a medical malpractice claim. If your doctor has several complaints already registered against him/her, then you must contact a medical malpractice lawyer to take legal action.

Step3 : You can do a research on the legal history of similar cases and then you should contact an attorney. Get an idea of how he’d proceed in your case. You can also ask questions about his experience in past malpractice suits.

Step4: Do not try to hide any details from your attorney. You must allow your lawyer’s medical expert to examine your medical records and to perceive the extent of your injuries and trauma. Your medical lawyer will help you win your case. Your medical malpractice attorney will be with you for every step of your medical case.

Step5: Most of the plaintiff’s lawyer work on contingency basis, where they get a percentage of compensation amount, if they succeed in winning your case. Until you receive compensation, your medical malpractice attorney will offer his/her services free of charge. Your lawyer will help you decide best compensation amount after perceiving your injuries and trauma. If you state an arbitrary figure as a compensation amount, then your chances of winning a case could be slim. It is best to consult your medical malpractice lawyer.

→ No CommentsTags: Medical Malpractice · New York

Most Dangerous Jobs in America : Update by New York Injury Attorney

August 25th, 2008 · No Comments

Fishing, logging and flying were considered as some of the most dangerous jobs in America in 2007. These jobs witnessed death rate which was highest as compared to others, according to the report published by the Bureau of Labor Statistics (BLS).

However workplace fatalities dropped in the United States during 2007, but the number of murders in the workplace increased significantly.

Around 5,488 people lost their lives due to injuries which they received while on their job in 2007.

personal injury accident lawyer

Some of the most dangerous jobs in America are as given below:-

a) Fishing – Fishing is one of the most dangerous occupations and there were reported 111.8 fatalities for every 100,000 fisherman. Most of the fisherman can get swept overboard and drown. Along with that they have to handle heavy power equipment like winches and hoists which can inflict serious injuries.

Moreover fishing has become less profitable in the past few years and most of the fisherman prefers to work alone. When they are 100 miles out to sea with no one else aboard, there’s no one to help in case they get into some serious trouble.

b) Logging – Most of the people refer to logging job as Widow-makers. Logging is considered as the second most dangerous occupation where 86.4 works die out of 100,000.

However it has become less dangerous due to advances in mechanization. Instead of working with chainsaws on the ground, loggers now work while sitting in the steel enclosed cabs of big machines. Therefore workers can control chainsaws from a distance. Still there are several reported accidents. Sometimes loggers working outside can get crushed by the falling tree.

Further, wood logs have to be hauled to trucks. Sometimes these logs skid from the truck resulting in accidents. A big piece of wood can easily splinter off and seriously injure someone.

Whenever there is a logging injury, it is too difficult to help the victim. Cell phones do not operate in the deep forests and helicopters can’t land. Workers sometimes loose their lives due to unavailability of quick rescue or help.

c) Commercial Pilots - Commercial pilot is also considered as one of the dangerous jobs in America where 66.7 workers lost their lives out of 100,000. Most of the flyers are inexperienced and their planes aren’t well maintained. Sometimes pilots loose their navigation if they are flying in an unknown territory due to low visibility.

d) Construction Accidents/Injuries - Construction is also considered as one of the dangerous jobs in America. One category of construction jobs which includes structural iron workers and steel workers reported 45.9 deaths out of 100,000 due to fatal injuries.

Texas State has the highest construction accident/fatality rates. Texas reported 527 fatal injuries and deaths from various construction sites in 2007, which was an increase of 8% if compared with 2006 statistics.

News Update by : New York Work Acccident, Construction Accident Lawyer.

Watch Video : New York Accident Injury Lawyer

→ No CommentsTags: Accident Injuries · Accidents · Construction Accidents · Personal Injury · Wrongful Death

New York, SI Man Mauled By Pit Bulls died

August 18th, 2008 · No Comments

A New York, Staten Island senior citizen who was mauled by two pit bulls last month died at Richmond University Medical Center.

Henry Piotrowski was attacked by his neighbor’s two pit bulls right outside his home on John Street in Port Richmond on July 1 ,2008 (Read: http://www.866attylaw.com/blog/pit-bull-attack-on-si-man-dog-owner-charged-with-assault/)

The pit bulls were euthanized, but their owners pled not guilty to assault and other charges.

News Update : New York City Injury Lawyer

→ No CommentsTags: Dog Bites · Staten Island