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Brooklyn Legal Blog

Third-party claims possible following on-the-job car accidents

Generally, when a person suffers an injury while on the job, he or she is typically able to access workers' compensation benefits in order to get the medical and financial support needed going forward. Under certain circumstances, those injured may also pursue third-party legal claims against those individuals responsible for their losses. For example, New York residents who are injured in car accidents while they are on the clock may have the ability to pursue personal injury claims in civil court.

Recently, two of New York's finest were enroute on an emergency call when their police car was struck by an SUV. This incident occurred a little before noon on Saturday, Dec. 2, in Brooklyn. The officers were traveling east on Ridgewood Avenue when their car was struck by the SUV at the Hemlock Street intersection. Both officers suffered unspecified injuries and were transported to a hospital for treatment.

What are the most common construction accidents?

According to the Centers for Disease Control and Prevention, 3.3 million people reported suffering on-the-job injuries in 2009. Nearly 300,000 of them were construction workers. That is a significant number, one that should not be overlooked. What are the most common construction accidents seen in New York?

The most common type of construction accident is falls. Roughly 22 percent of all construction accidents are related to falls. This could be due to a lack of safety equipment, poorly built scaffolding and ladder use -- among other things.

Your immigration status doesn't affect your rights at work

As an immigrant, you're at a disproportionate risk for workplace injuries. You may not be in the United States legally, but that doesn't mean you should be at risk of injury. Latino workers face the highest risk of dying on the job, according to the Occupational Safety and Health Administration.

The Occupational Safety and Health Act protects workers regardless of their immigration status. The only people not covered by the OSH Act include those who are self-employed, government workers, small farm owners who work with family and domestic workers who didn't find work through an agency.

New York car accidents: Child hurt, man arrested after crash

A recent car crash in New York resulted in a child suffering injuries and a man being arrested. This incident occurred Nov. 21, in Whitehall. When car accidents happen, victims may be entitled to seek relief for their losses. In this particular case, the parents or guardians of the injured child may pursue compensation through legal means.

According to reports, a 36-year-old male got into his mother's automobile, without her permission. He put an 8-year-old child on his lap and allowed the child to steer the car while he pushed the pedals. It is unclear how far to they got before the vehicle struck a tree. The child was seriously hurt, suffering head injuries, several fractures and a punctured lung. The child was transported to an area hospital for treatment.

Your immigration status doesn't negate employer obligations

For many people, moving to the United States and getting a high-paying job is the best means of improving their future and the lives of their loved ones. Because of restrictions on immigration, it is harder than ever for many people to pursue that dream. Instead of giving up on their hopes, however, many people choose to bend or even overtly break the law in the hope of a brighter tomorrow.

Working without legal documentation seems like a great idea until something happens. It only takes a second for a good-paying job to leave you temporarily or permanently disabled. Machinery accidents or malfunctions, falls, falling equipment or supplies, and a host of other potential disasters can break bones, tear off limbs or even kill a worker with little warning. You may think that you don't have the right to recourse because of your undocumented status, but that isn't true. You may have options, including a lawsuit or even workers' compensation.

Settlement reached in nursing home medical malpractice case

For many New York residents, having to put a loved one in any sort of long-term care facility can be a difficult decision. There are so many horror stories about the care patients receive --  or lack thereof -- in nursing homes, but sometimes families have no other choice. When there are signs of abuse, neglect or medical negligence, family members of the victims may be entitled to take legal actions against those responsible. Recently, a settlement was reached in a medical malpractice case involving a rehabilitation center in another state. Video footage released regarding this case has made national headlines.

In Feb. 2014, an 89-year-old World War II veteran cried out for help from his bed at a rehabilitation facility. His cries, according to video footage taken from a hidden camera placed by the elderly gentleman's family, were ignored. When he finally fell unconscious, nursing staff laughed as they poorly attempted CPR and waited for about an hour to call 911. Sadly, the patient died.

Victims of a civil rights violations may seek compensation

It is hard to go a day without hearing stories in the news about people's rights being violated. It happens far too frequently. Sometimes, those responsible try to brush such accusations under the rug, but victims do not have to let such behavior stand. Those in New York who are victims of civil rights violations may be entitled to seek compensation for their losses.

Civil rights are protections granted to everyone who resides in the United States. Some people claim civil rights violations when, in fact, the right they are saying was violated does not qualify as a protected right. So, before pursuing legal actions, it is important to understand the difference between protected and unprotected civil rights.

Car accidents may lead to fatal injuries

New York drivers must remain vigilant while on the roads. This is to protect not only their safety, but the safety of their passengers as well. When motorists fail to do so, they increase the risk of causing car accidents. One man was killed in a recent crash while riding with another person.

Few details of the collision have been released at this time. Police reported that two cars were involved, though the driver responsible has yet to be determined. The accident is said to have occurred in the northbound lanes of Interstate 87 and caused northbound traffic delays for several hours.

Is a school liable for bullying?

As a country, we are currently in a very interesting cultural moment. More so than at just about any other point in time, people in every corner of society must consider the potential consequences of their actions if they act unfairly toward someone else. After years (or centuries, even) of those with little regard for the wellbeing of others preying on them, especially inside of a school setting, institutions and individuals are beginning to understand that bullying can carry serious penalties.

These penalties may affect not only the individuals accused of bullying, but also institutions themselves, should they knowingly turn a blind eye to the buying behavior. While the specifics of this area of the law are still working themselves out in the legal system, the headlines are fairly clear. The age of bullying with impunity or claiming "boys will be boys" may soon close out for good.

Seek relief after winter-related slip-and-fall accidents

Winter is fast approaching. Soon, sidewalks and streets will be covered in ice, water will be tracked onto store floors, and walking will not be as safe as it usually is. Slip-and-fall accidents increase in the winter time. Those in New York who are injured in such incidents may have legal recourse.

While slip-and-fall accidents can happen at any time, they are particularly common during winter weather months. Property owners have to take great care in order to keep sidewalks and parking lots clear. Indoor floors must also be kept clean and dry. Unfortunately, this does not always happen.

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