Faulty or Unsafe Construction Equipment Injuries
In 2015 in Manhattan, the safety coordinator of a construction project that was underway was tragically killed when the hydraulics on a crane that was being used malfunctioned. The worker was crushed between his flatbed truck and the boom. He was checking on mechanical problems with the crane when the boom fell on top of him. Statistics from the Occupational Health and Safety Administration (OSHA) show that this is just one example of the many types of work-related fatalities that occur in the construction industry every year. In New York, nearly 40 percent of all work-related fatalities happen to construction workers. In addition to getting caught-in-between as the Manhattan worker did, workers fall off of ladders and scaffolding, they get struck by objects and even electrocuted. Although not all accidents are caused by faulty equipment, many are. Faulty Equipment Meaning Faulty equipment refers to a piece of equipment that has something wrong with it; it is defective. When the defect is due to a manufacturing error of any kind, the manufacturer, and possibly the distributor, may be held liable and legally required to pay damages to the injured worker. Equipment that has not been properly maintained may also be faulty and result in an injury. In cases like that, the injured worker may be able to bring a negligence action against the employer in addition to the workers’ compensation claim. Examples of Injuries Due to Faulty Equipment Some examples of the four most common construction accidents injuries due to faulty and defective equipment, or improperly maintained equipment, include: Falls: Falls are the most frequent type of construction accident. They are often caused by defective ladders, scaffolding, or faulty safety equipment. In early 2018, four San Diego construction workers were injured when the scaffolding upon which they were standing suddenly collapsed, causing them to fall to the ground. Even though the scaffolding was only 16 feet in the air, three of the four workers suffered serious and traumatic injuries. Being struck by falling objects: Although such an accident may sometimes be attributed to the carelessness of another worker, it is more commonly caused by faulty equipment. For example, an experienced Boston construction worker was killed when an overhead crane dropped a six-ton steel beam on top of him. The case is under investigation to determine why the crane malfunctioned. Electrocution: One worker was simply using a jack-hammer after a rainstorm. The man was not wearing the company-issued rubber boots when the frayed power cord came in contact with standing rainwater, electrocuting him. This is an example of the serious consequences that can occur when equipment is not properly maintained. Caught-in-between accidents: This happens when, as given in the first example of the Manhattan worker, malfunctioning parts crush workers who get “caught-in-between” equipment or objects. It is also fairly common in tight warehouses where forklifts are present. A personal can be struck and pinned in a forklift accident. Third Party Lawsuits Against Manufacturers of Faulty Equipment If you are a construction worker who was injured on the job due to faulty equipment, you may think that workers’ compensation is your only avenue for collecting for your medical bills and lost wages. Not true. When your work-related injury is due to a defective product, you may file a lawsuit against the manufacturer of the defective product in addition to your workers’ compensation claim. Manufacturers of construction equipment have an obligation to make sure the equipment is safe for the workers to use. When they do not fulfill that obligation, they may be held legally accountable for their failure. Grounds for such a lawsuit are: A design defect resulted in the construction equipment being unsafe. An error occurred during the equipment manufacturing process that was not intended, rendering the equipment unsafe. Failure of the manufacturer to warn of a known defect in the equipment. Long Island Faulty Equipment Injury Attorney If you were injured by faulty construction equipment, or someone you care about was killed, our Long Island attorneys at Siler & Ingber, LLP, have the experience and dedication you need to pursue your claim for damages. We do our best to make sure you are fully compensated through both workers’ compensation and third party lawsuits against manufacturers and distributors of defective construction equipment. The law has strict requirements about how long you have after an accident to file your claim for damages. If you miss the deadline, you will lose forever your right to file a lawsuit no matter how severely you were hurt, or how clear it is that your loved one died due to an equipment manufacturer’s negligence. Contact us as soon as possible. We offer a free case review.
Can You Reopen an Injury Case?
There are instances when the reopening of a case is allowed. Each case is unique and whether a case can be reopened or not depends on the specific circumstances of the case. An experienced attorney in Long Island can review an injury case to determine if reopening it is possible. Can a Personal Injury Lawsuit Be Reopened? Possibly, the court closes a lawsuit by filing a judgment or a dismissal: Each of these may be filed ‘with prejudice’ or ‘without prejudice.’ The way the case was closed determines whether the closed case can be reopened. In general, a case dismissed ‘with prejudice’ cannot be reopened; whereas, a case that is dismissed ‘without prejudice’ can be reopened at a later date. Settling a Case When a case is settled, it means that the injured (plaintiff) agrees to accept money from the person or company (defendant) responsible for the damages the plaintiff suffered in return for dropping the legal action being pursued. Once a settlement is reached, the plaintiff signs a ‘Release of Liability.’ It is vital that the plaintiff thoroughly review this release prior to signing it. Additionally, since an experienced personal injury attorney is familiar with these types of releases, the plaintiff should have an attorney present during this action. Otherwise, the plaintiff may not be happy with the settlement and once the Release of Liability is signed, it absolves the defendant from any further responsibility for the plaintiff’s damages. Personal Injury Case, Settlement or Trial: Which is Best? If a settlement is reached before the trial begins, there will not be a trial. However, as long as the jury has yet to reach a verdict, a settlement can be reached at any point throughout the trial. Ultimately, the plaintiff decides if he or she would like to accept a settlement offered by the defendant; However, a personal injury attorney can usually gauge what would be in the plaintiff’s best interest (to settle, go to trial or wait for the jury’s verdict). For the Most Part, Once the Release of Liability is Signed, the Case is Over The plaintiff should seek legal representation before signing a release absolving the defendant from any further liability. Once the Release of Liability is signed, even when a case is in suit, the case is over; therefore, the plaintiff will never be permitted to reopen the personal injury claim after settlement. Furthermore, if the case is settled before the lawsuit is filed, the plaintiff cannot choose to sue the defendant for any of the damages included in the signed release at a later date. Car Accident Personal Injury Cases Suing After a Car Accident Settlement When it comes to a car accident in Long Island, your medical expenses and lost wages should be covered by your no-fault insurance policy. This no-fault policy covers up to $50,000; however, in order to obtain compensation for pain and suffering, and property damage, a personal injury claim must be filed. A personal injury attorney experienced in helping people attain compensation following a car accident knows the steps that need to be taken to file this type of claim. Backing Out of a Car Accident Settlement On rare occasions, a claimant (person injured) can back out of a settlement. If the claimant agrees to settle the car accident case, but he or she does not agree with the terms of the settlement being offered by the insurer or defense attorney, the claimant may be able to back out of the settlement, altogether. Keep in mind that in order to settle a car accident personal injury case the claimant is required to sign a release: Although the majority of releases used in car accident personal injury cases are usually straightforward, on occasion, disputes over the terms arise. When a dispute is significant enough, the claimant may be able to back out of the agreement to settle. Settling a Car Accident Personal Injury Case Already in Suit The claimant’s personal injury attorney will argue over the terms of the settlement: Typically, a consensus will be reached between the Defense Attorney and the personal injury attorney. The agreed upon settlement release is then presented to the claimant for review. When a consensus cannot be reached: If a consensus cannot be reached, the release may be taken to a judge. The judge may order the terms of the release be changed, order the claimant to sign the release as it is or cancel the settlement and order the lawsuit to continue. When Settlement is Reached After a Car Accident, But Before Filing Suit Claimants should not sign the release they receive from the adjuster. Settling a car accident without an attorney can be a mistake. If the claimant is unhappy with the settlement being offered, legal representation is necessary because the adjuster will not change his or her mind based on the claimant’s request. While hiring an attorney to negotiate the terms of a release does not guarantee the adjuster will reconsider, it does provide the claimant with a bit more leverage because the attorney has experience dealing with issues such as this. If the adjuster refuses to negotiate the terms of the release, your attorney can help the claimant file suit. Once a suit is filed, a judge determines if the claimant can back out of the settlement or if the terms of the release need to be changed. Special Circumstances: Multiple Defendants in a Car Accident Case If a claimant settles a claim with one defendant, he or she still has the right to file suit against other potential defendants. For example, a car accident involving multiple parties. However, prior to signing any releases, claimants must ensure that the release does not excuse all potential defendants from liability. A personal injury attorney is familiar with the wording some insurance companies use in their releases, which is why having an experienced attorney is beneficial. Reopening a case can be tedious, which is why individuals who are interested in reopening a case
Shoulder Injury After an Accident | Lawsuits and Settlements
The stress experienced during a car crash causes all the muscles in the body to become tense. When the stress ends, the muscles will release the tension. However, this tensing of the muscles can lead to an injury, even when an accident is minor. In addition, due to the body’s natural reaction of releasing hormones (e.g., adrenalin) to assist the body as it deals with stress, a shoulder injury from a car accident may not reveal itself right away. For this reason, seeking medical treatment directly after any automobile accident is recommended. The Shoulder Joint Consists of Three Bones Shoulder joints consist of three bones: the collarbone (clavicle), the shoulder blade (scapula) and the upper arm bone (humerus). The shoulders tend to be somewhat unstable: This instability results from the ball of the upper arm being larger than the socket holding it. As such, for the shoulder to remain stable and in the proper position, it must be anchored by the surrounding tendons, muscles, and ligaments. Shoulder Injuries Caused by Seat Belts If you suffered a shoulder injury due to your seat belt, you are not alone. The seatbelt crosses the shoulder, which is why shoulder injuries are a common occurrence during motor vehicle accidents. Even so, the National Highway Safety Administration (NHTSA) and law enforcement still recommend the use of a seat belt: Keep in mind that wearing a seat belt is the law. Moreover, while a shoulder injury during an automobile accident can result, the seat belt may very well save your life: According to the NHTSA, seat belts saved almost 14,000 lives in 2015. Common Shoulder Injuries from Car Accidents Usually, it is the muscles, tendons, and ligaments of the shoulders that become injured during a motor vehicle accident. There are two categories that the medical field uses when diagnosing shoulder injuries: Instability – this injury occurs when the shoulder joints are misaligned. The symptoms associated with this category of shoulder injury includes pain upon raising the arm and/or the feeling that the shoulder is not in the right place. Impingement – this injury occurs when the shoulder blade and shoulder muscles rub against one another: However, impingement usually results from repetitive overhead arm movements (rarely due to a car accident). Shoulder Strains and Sprains After an Accident The term strain refers to a condition in which a tendon or muscle has become stretched, or torn. Symptoms of a strain include swelling, muscle spasms, cramping, pain and difficulty moving the shoulder. The term sprain refers to a condition in which a ligament is stretched or torn. The ligaments are responsible for connecting the bones at the shoulder joint. Symptoms of a shoulder sprain include bruising, swelling, pain, an inability to move the shoulder altogether. At the time of injury, a pop or tear may be felt. A Shoulder Dislocation After an Accident A dislocation is a joint injury characterized by the ends of the bones being positioned incorrectly. A dislocated shoulder will be swollen, extremely painful and noticeably out of place. In addition, moving it may be impossible. A dislocated shoulder is an emergency; therefore, seeking treatment directly following a car accident is essential. The shoulder may need to be repositioned and medicine for the shoulder pain can be provided. Initially, a sling or splint might need to be worn; however, eventually, rehabilitation treatments will begin. Unfortunately, once any joint is dislocated, the chances of a recurrence is likely. Rotator Cuff Injuries After an Accident The rotator cuff consists of tendons and muscles that help the shoulder move: These muscles and tendons also assist with maintaining stability. During an automobile accident, the rotator cuff may become torn, the tendons might be inflamed (tendinitis) or the fluid filled sac (bursa) may become irritated and swollen (bursitis). Some rotator cuff tears are extremely painful; whereas, others are not. A ‘No Fault’ Insurance State, Explained Since New York is a ‘no-fault’ insurance state, after a car accident, you are required to contact your own insurance company to inform them about the accident: The no-fault insurance will pay up to $50,000 for your medical expenses and lost wages; however, it will not cover loss of property or pain and suffering. In order to be compensated for these losses, you need to file a personal injury claim to and seek a shoulder injury settlement. To receive compensation in this type of case, you have to prove that you have been seriously injured. Should Injury Settlements While some damages are easy to calculate, others require the skill of a knowledgeable Personal Injury Lawyer. Medical bills and lost wages are considered ‘concrete losses’ because they can be calculated using a paper trail; however, determining pain and suffering, loss of quality of life, and future lost wages are ‘not concrete.’ For these reasons, calculating a car accident shoulder injury settlement cannot be completed until all the evidence is gathered. If you have a shoulder injury due to a car accident and you are having difficulty with your no-fault insurance company, contact The Law Office of Siler & Ingber LLP today at to schedule your free case review. Moreover, if you would like to seek compensation for lost property as well as for pain and suffering, we may be able to help.
Neck and Back Pain After a Car Accident | Lawsuits and Settlements
One of the most common injuries after a car accident is neck and back pain. It can occur as a result of the forceful impact of one vehicle hitting another. When this happens, it jars the body forward at a rapid pace, creating numerous areas of potential inflammation and even breakage in the spine. If you’ve suffered an injury like this, you likely will need both short term and long term rehabilitation and care. Sometimes, those symptoms do not even show up for several days. Your first step is to get emergency medical help. Your second step is to ensure you do not settle any car accident insurance claim without an attorney by your side. At The Law Offices of Siler & Ingber, we provide one-on-one consultations and case reviews to our clients free of charge. We encourage anyone hurt in a vehicle accident to work with a personal injury attorney before settling these claims. Common Injuries from Car Accidents In the United States, 2.35 million people are injured or disabled in a vehicle crash each year, according to research from the Association for Safe International Road Travel. Many of these individuals suffer serious and obvious injuries, such as broken bones and lacerations. Other times, injuries are not obvious. With neck and back pain after an accident, it is not always evident that a problem exists for several hours or even a few days. The body’s adrenaline can hide these symptoms in the minutes after an accident. That is why individuals often feel sore and unable to move well in the days following an accident. Yet, these are not obvious injuries. Some of the most common injuries from a car accident include: Soft tissue injuries. This includes whiplash, a condition in which inflammation and pain develops in the cervical spine. This is the upper portion of the spine. Muscle and ligament strains and tears. This can happen in any area of the body, but tend to happen in the shoulders, back, and in the hips after a car accident. Back pain. Back pain occurs as a result of soft tissue tears, but also because of spinal damage. While the spinal cord may not be damaged, there can still be decompression and nerve pain occurring as a result of misalignment of the spinal column. Additionally, it is not uncommon for individuals to suffer from obvious injuries such as head injuries, scrapes, cuts, and chest injuries. Arm and leg injuries can occur as well. Sometimes, spinal injuries can cause damage to the nerves leading into the legs and arms. Symptoms to Watch Out for After a Car Accident After a car accident, it is always wise to visit the emergency room for a full examination. However, even if the doctors there do not find obvious signs of problems, they can develop over the coming days. Key symptoms to monitor for include: Confusion or disorientation Pain in the neck, upper shoulders, and back Pain that radiates outward from the spine or seems to spread into the legs or arms Headaches and migraines Trouble focusing and concentrating Fatigue not relieved by normal sleep Changes in gait or movements of the arms, legs, hips, or other joints Any type of severe pain Any instance of passing out or loss of consciousness If you notice any of these symptoms, your first step should be to contact the emergency room or your doctor for a full examination. You may also be able to work with a chiropractor for back and neck injuries after a car accident. What’s causing neck and back pain after a car accident? This type of pain is often brought on by inflammation in the nerve roots. For example, in back and neck injuries after a car accident, a person’s adrenaline wears down, exposing the extent of damage. The body begins to heal, but inflammation develops in the soft tissues. This causes pain and nerve damage. It is unlikely that this will go away on its own. What Should You Do Now? You may be owed compensation for the medical bills related to your car accident including for the long-term treatment of back and neck pain. Our team will work with you to ensure you receive compensation for all of your losses. This includes care for any of these or other complex medical conditions you develop through no fault of your own. Don’t settle with an insurance company until you speak to our team. If another driver is responsible for your losses, you should not have to pay for any of these medical bills. Schedule a Case Review for Any Car Accident Injuries with our Attorneys With over 20 years of experience, and a 98% rate of winning our cases, the team at The Law Offices of Siler & Ingber, LLP are available to help you. If you’ve suffered any losses or developed any type of neck and back pain after a car accident, we encourage you to contact us immediately for a free case review. Call our offices to discuss your case at 877-718-6079.
Can You Sue for Diminished Value?
Most consumers want to know if a vehicle has been in a car accident before they decide to buy it. It just makes sense that you do not want to pay a high price for a vehicle that has some type of accident history. That is the reason many vehicle owners need to consider diminished value after they have been in a car accident. This is especially true in situations where you were in an accident caused by another person. In these cases, you may want to sue for diminished value. That process can be complex and hard to prove in some situations. Working with our legal team at Siler & Ingber, LLP will help you to learn about all of your options. Every case is very different. We encourage you to give us a call before you file a claim or settle a claim for diminished value. What Is Diminished Value and When Does It Apply? Diminished value refers to the value of a car after an accident. In many situations, an accident will reduce the value of the car at resale. For example, an individual owns a vehicle that he or she could sell on the market today for $10,000. However, an accident occurs. Even if the vehicle is comprehensively repaired and is in good working order afterward, it may now only be worth $7,000 on the market. This difference is important to understand. If someone else caused the accident and you suffered a loss of value in your vehicle, that person may be financially responsible for covering the loss. However, it is rarely easy to file a claim like this. Most auto insurance companies do not want to handle them. How to File a Diminished Value Claim First, realize that you can only file a diminished value claim if the damage was not your fault. Your insurer is not going to cover costs for your own mistakes here. However, when another person causes damage to your vehicle, you can file a diminished value claim with the at-fault insurer. Your goal is to learn what the loss in value is. Then, you will need to present this information to the at-fault insurer. This is the process for filing a claim. Before you can do this, you must first prove that the diminished value occurred. How to Prove Diminished Value Vehicle To do so, you will need to get an appraisal of the vehicle. This must be done through a third-party organization. This happens even if you do not plan to sell the car right now. This determines the value – how much less the vehicle is worth now compared to before the incident. It is often best to work with an attorney through this process. Here’s why. First, you’ll need to determine the pre-accident value of the car, which requires researching the value of the car both online and through other sources. You can then find a third-party vehicle appraiser or allow an attorney to do so. Handling this process is difficult. What Is a Diminished Value Claim Letter? A diminished value claim letter is simply a document from an appraiser showing the current value of the vehicle after the incident. It is an explanation you will send to the at-fault insurer to describe the loss. It will explain the pre-loss value of the vehicle (from the sources you obtain) as well as the after-accident value (from the current appraisal). Once you have this letter created, you can file the claim with the at-fault party’s insurer. And, again, this is where things get complex. In nearly all situations, the insurer will refute the claims. They may state that they do not owe those funds. And, if this is a part of a larger claim against the company for the damage and other losses you’ve suffered, the process can take some time. As a result, many claims for diminished value make it to court. There, the insurer will try to prove that there is no loss of value to the car, especially if you are not selling it. Because of these complexities, it is often wise to work closely with a skilled car accident attorney with experience filing diminished value. Doing so can give you the support you need when filing these claims. You can also learn what your claims options. How to Get Help Now: Schedule a Free Case Review with Our Team How do I claim diminished value? It’s a question we often hear after complicated vehicle accidents. If you suffered damage to your vehicle through no fault of your own, do not settle with the vehicle insurance company just yet. Instead, work closely with our team at Siler & Ingber LLP to find out what all of your options are including whether or not you can file a diminished value claim. For a free case review, call our team now at 877-718-6079. Our New York personal injury attorneys are happy to answer your questions. Contact us online now or call our office.
Negotiating a Settlement: How Long Does It Take?
Click Here To Calculate Settlement An auto accident can happen in an instant. Yet the injuries, pain and emotional scars can last a lifetime. Right after the accident, an insurance company will come to you with a settlement offer. Sometimes, the amount will be lower than what you expected and may not cover your injury costs or damages. Yet the insurance company usually hopes that because your medical bills are piling up, you will accept the first offer that is presented to you. You don’t have to accept the first settlement offer. Instead, you can negotiate a price that covers your medical bills, lost wages, pain and suffering, and any additional medical treatments that you may need in the future. This negotiation process involves sending a demand letter to the insurance company on how much you are seeking, waiting for the insurance adjuster to evaluate your claim, and then receiving a response where they provide a counteroffer. Here is a general timeline of an auto accident settlement, although yours may be longer or shorter than the actual time frame due to the complexities of your personal injury claim. Settlement Negotiation Process It can take weeks to months for the insurance company to contact you about the settlement. There are a range of reasons why it can take longer than usual, such as the fact that your injuries may keep you in the hospital for long periods of time. Also, it might take some time for the auto accident to be investigated and to determine who is liable for your damages and injuries, especially if it is a multiple car accident pileup. During this time, you may also receive a reservation of rights letter from the insurance company. You should not get too worried about this letter. It simply states that the insurance company is currently investigating the accident and your insurance policy as the company is reserving the right to deny your claim if it is determined that the accident is not covered by the insurance policy. The reservation of rights letter is used by the insurance company to safeguard their rights. It doesn’t mean that they have already denied your claim or that they won’t negotiate with you for a settlement amount. They are merely performing further investigation about the situation. Once the insurance company offers you a claim, you can refuse the offer. This is the start of the settlement negotiation process. At this point in time, you can send them a demand letter with the amount you want from the accident. You should include in the demand letter any details that you believe the insurance adjuster should know about that will further help your claim. Then the insurance adjuster will give a response once they have received your demand letter. When the insurance adjuster contacts you, they may make a counteroffer or dispute certain facts to try to lower the compensation amount. Common topics they will dispute about will include what medical treatments you obtained, how long you need medical treatment, what injuries you have from the accident, whether your insurance policy covers the accident, and whether you may be held partially at fault for the accident. During this back-and-forth exchange, you can answer their questions and provide further proof about your claims. You may accept the counteroffer, or make another demand for a different amount. This process can go on for some time until they make an offer that you accept. Auto Accident Settlement Timeline The negotiation timeline will vary depending on how many offers and counteroffers occur before you accept a settlement amount. Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer. Obtaining your settlement may take from two weeks up to a month. There should always be a predetermined time frame established during the negotiations regarding how long the insurance company has to pay you the full amount. Once they send out the check, your lawyer may deposit it into a trust account until the check clears the bank. Then the lawyer will take out their fees and pay off any outstanding liens you may have with medical providers. Get Help with Your Negotiation Process Some insurance adjusters will put off answering your demand letter, as your medical bills and lost wages can pile up. You may also need help documenting the settlement negotiations, or establishing a claim and fair settlement amount. In addition, the insurance company may deny your claim as you have to take legal action. The attorneys at Siler & Ingber, LLP can protect your rights by helping you with the negotiation process. Contact our office today for a free case review.
How New York Labor Laws Protect Injured Workers
Every state has very specific labor laws. They govern how employers can treat and interact with employees. It is important to know that these laws are in place to ensure employees are safe on the job. Even when they are in place, and a company works hard to ensure they are maintained, accidents can happen. When they do, the employer may be responsible for any losses the employee incurs. As an employee, it is important that you know what your rights are. If you’ve suffered any type of loss while on the job, it is important to work with an experienced personal injury attorney. You also need to act quickly to ensure your rights are protected. Let the team at Siler & Ingber, LLP help you. Most Common Workplace Injuries in New York You do not have to have one of the most dangerous jobs in New York to experience loss. It can happen at nearly any place of employment. Some of the most common injuries and illnesses to happen in New York workplaces include the following: Sprains and strains make up a large portion of these incidents. They often come from heavy lifting or twisting. Fractures and broken bones are common especially as a result of falls. Cuts and lacerations to various degrees, often from equipment or instruments, are common. Bruising and contusions often occur from falling objects. Traumatic injuries such as falls from high heights are another key area of concern. Other injuries that can occur include heat burns, chemical burns, amputations, tendinitis, and carpal tunnel syndrome. Because there are so many risks at any job, New York’s labor laws are in place to help you. These laws are designed to do several things: They establish how work tasks are to be done to minimize the risk of injury or illness. They provide employers with rules related to how to compensate employees in a fair manner. They outline steps employers must take when someone suffers a loss. They also determine who can work for a company, as well as how employers must avoid discrimination. These laws are extensive and in place to minimize your risks as an employee. Yet, accidents and mistakes happen. Know Your Rights After an Incident Occurs There are two key areas to focus on here. First, you have rights under the state’s laws regarding injuries. This falls under the state’s workers compensation laws. Second, you have the right to protection after a labor law violation. What are the labor laws that are in place to help you as an employee? The Department of Labor for New York State lays out each one of these laws. You can view more information about each one at the website. Some key areas to look into include the following: Wage and hour laws Farm labor laws Nursing mothers and their rights on the job Child labor laws Payment in the form of tips and reporting requirements Professional employer organizations Overtime laws Payment laws including deductions If you feel you have suffered any type of loss in these areas – whether it is due to the way you were treated or paid or to an injury, it is important to seek out help immediately. How to File a Claim for Labor Law Violations and Losses If you suffer an injury at work, your first step is to request to file a workers compensation claim. It is not as simple if you suffer a labor law violation, though. When this occurs, you should address the management or business owner, but if your needs are not met, you should seek out the support of an attorney. An attorney will help you to file a grievance against the company so that you can be fairly compensated for your losses. For example, you may not have been paid overtime when it was owed to you. We can help you prove your case and then help you file a claim with the employer for those losses. It’s critical to have a legal team behind you through this process. Trust an Injury Attorney to Help You File and Fight for Your Claim When you are hurt on the job, for any reason, it is important to report this to your employer right away. Even if the employer takes steps to file a claim, you will still want to hire an attorney to ensure you get all of the compensation owed to you. That’s where we can help you. At Siler & Ingber, LLP our team has workplace injury attorneys in New York that can offer you a free case review. Let’s talk about your case and find out if you need to file an additional claim. With over 20 years of experience and an aggressive win record, you can count on our team to help you through this process. Call us now for a free case review at 877-718-6079, or provide us with more information online. Related Information NY Labor Law 200 NY Labor Law 240 NY Labor Law 241
Valentine’s Day Injuries
Valentine’s Day…a day for flowers and chocolates, romance and surprises. But by surprises, we don’t mean surprise trips to the emergency room! Injuries sustained on Valentine’s Day can range from ordinary accidents to unexpected nightmares. When striving to go above and beyond to make your Valentine feel special this holiday, take a second to review these common mistakes that can quickly turn your magical night into a disaster. NON-EDIBLE ENGAGEMENT RINGS Hiding an engagement ring in a glass of a champagne, or on top of a delectable dessert, always seems like a good idea in hindsight. But if your date is as surprised by the proposal as you hope her to be, she might not take notice of the ring until she swallows it. Chances are, waiting for the ring ‘to pass’ is not the romantic gesture anyone is looking for. HOME COOKING NIGHTMARES If you’re planning a home cooked meal for a relaxing night in, don’t lose your focus in the kitchen. Snipping fingers or accidentally setting a hand on a burner are common errors when rushing to impress a dinner guest. Pay attention when preparing your dinner, especially when operating the stove or sharp knives, or you could be eating your Valentine’s Day meal from the hospital vending machines. FOOD ALLERGY DANGER Does your date have a food allergy? You may want to check before buying or cooking anything this holiday. Every three minutes, someone goes to the emergency room due to a food allergy according to FARE (Food Allergy Research & Education) and you don’t want your date to be one of them. For kids with allergies, there are plenty of fun allergy free options to celebrate the holiday at school and at home! (https://community.kidswithfoodallergies.org/blog/tips-to-safely-celebrate-valentines-day-with-food-allergies) UNROMANTIC FLAMES In the midst of romance, it’s not hard to forget the simple things in life. But preventing a house fire should always be at the top of your list. Turn off the stove, tend to the fireplace, and don’t forget to blow out those pesky candles before you end your night. DRIVING AFTER TOO MANY TOASTS As with any holiday, motorists are more likely to drink and drive on Valentine’s Day. If you want to have a carefree night without the worry of who is driving home, prepare a ride ahead using options such as Uber, Lyft, Safe Ride, taxi’s or public transportation to ensure everyone arrives home safely. ROMANCE GONE WRONG February is one of the highest months for ‘love’ related injuries according to the National Electronic Injury Surveillance System (NEISS). With many failed attempts to spice up the night, emergency rooms have seen everything: from broken bones to lacerations to burns and other unspeakable injuries. Try to be safe this holiday and if something does go wrong, don’t wait! Seek medical attention immediately. If you’ve sustained an injury or illness this Valentine’s Day due to the negligence of another, don’t hesitate to call our winning team at Siler & Ingber, LLP. Give us a call today at 1-877-529-4343 or contact us online through the form below to schedule an appointment.
Winter Raises Fear of Fires
Thankfully fire officials reported there were no injuries in a fire early yesterday that damaged a home in Port Jefferson Station. It took members of the Terryville Fire Department and firefighters from four other jurisdictions to bring the blaze under control, fire officials said. Recently, local news stations have been flooded with reports of house and apartment fires all across the state, New York City especially. In our state alone, more than 17 people have already died from house fires just since 2018 began! House fires occur more during the frigid months of winter than any other time of the year. According to the National Fire Protection Association (NFPA), half of all residential fires are reported in the months of December, January, and February. In hopes of reducing the number of house fires that could still occur this season, the NFPA and the U.S. National Fire Administration have developed the Put a Freeze on Winter Fires campaign. This educational movement aims to protect the public by highlighting the most common causes of winter fires and how to keep your home safe from these hazards. WATCH THOSE HEATERS A cozy warm home is essential in the winter time, but heating equipment is the second leading cause of all house fires reported in the nation, responsible for 1 in 5 fire-related deaths. To reduce fires caused by heating systems, fire officials recommend keeping anything flammable in your home at least 3-feet from any fireplace, wood stove, radiator, or space heater. For portable units, the NFPA suggests plugging in one unit at a time so you can safely monitor any obstructions getting too close. DANGEROUS WINTER STORMS Treacherous winter storms create perfect conditions for house fires to occur. Strong snowy winds can knock down power lines, sparking fires that are extremely difficult to extinguish. Power outages are also when residents tend to use unsafe heating equipment to battle the cold temperatures in their home. Make sure you prepare for storms by keeping appropriate emergency heating equipment readily available such as extra clothing, space blankets, chemical hand and body warmers, and wood for fireplaces and wood stoves. Kerosene and propane heaters can also be extremely helpful but only when used safely. GENERATORS ARE LIFESAVERS…AND FIRE STARTERS Generators are lifesavers when the power goes out. However, generators themselves are extremely flammable and can easily cause a house fire when misused. The NFPA encourages residents to always operate their generators in well ventilated areas, at least 5-feet away from any door or window, and never in an attached garage. Always turn off the generator before refueling and keep it clear of debris. Also, make sure to only plug in appliances with undamaged cords directly into the generator or a heavy duty outdoor extension cord. CANDLES AREN’T ALWAYS ROMANTIC According to the NFPA, between 2011-2015 at least 24 candle fires were reported nationally- per day! The use of candles tends to increase during the winter months, particularly during holidays and power outages. NFPA officials recommend using battery powered lanterns or flameless candles as a safer alternative to candles. If you must use candles, keep them far from flammable materials, away from rooms where people sleep, and always remember to blow them out when leaving the room. CLEAN YOUR CHIMNEY The NFPA reports about 28% of fires are caused by dirty fireplaces. This sounds a little strange, but failing to clean the creosote from chimneys can easily cause your house to catch fire. Make sure to get your chimney serviced by a qualified professional at least once a year for a safe working fireplace when you need one the most. NOT SAFE FOR HEATING USE In times of desperation, some residents have resorted to unsafe equipment as a heat source. Stoves and hot plates should NEVER be used to heat a home. This equipment is not made for home heating purposes and can cause fires and serious burns when used inappropriately. There’s no need for unnecessary fire hazards in your home this winter. For more information on how to keep your house safe from winter blazes, check out the NFPA’s website for endless helpful tips! (https://www.nfpa.org/) If you or a loved has been a victim of a house fire due to the negligence of another, our dedicated attorney’s at Siler & Ingber are here to help. Every new client is entitled to a free consultation with a member of our team. Give us a call today at 1-877-529-4343 or fill out the contact form below to schedule your appointment.
Siler & Ingber Support Heart Health Month
Every day, almost 2,200 American die from cardiovascular disease- that’s an average of one death every 40 seconds. To inspire Americans to focus on their heart health, the American Heart Association has named February American Heart Month, and Siler & Ingber, LLP could not be more proud to support the cause. To kick off the month, our family at Siler & Ingber will be participating in National Wear Red Day® starting February 2nd to help save lives by spreading public awareness of cardiovascular disease. By encouraging those around you to make healthier life choices, you can lower the risk of heart disease as much as 80% by just making modest changes to your lifestyle! HEART HEALTH: THE FACTS Your heart is one of the most vital and magnificent organs in your body… the heart physically works harder than any other muscle in the body on average, your heart pumps 2,000 gallons of blood every day for an individual who is 70-years-old, their heart has already beat more than 2.5 billions times As amazing as the heart is, it can often be neglected, causing thousands upon thousands of unnecessary deaths around the country every year. WHAT CAUSES HEART DISEASE According to the experts, most heart issues stem from atherosclerosis– a process where plaque builds up in the artery walls and blocks blood flow to the heart. Narrow arteries require your heart to work harder to pump blood through the body and allows less blood to flow through causing a number of heart conditions, including: heart failure or congestive heart failure strokes arrhythmia or abnormal heart rhythm heart valve issues blood clots in the arteries Heart disease can easily worsen when individuals are not aware of the issues. For women, heart disease is the leading cause of death in the country, and some believe a lack of awareness is to blame. HOW TO PREVENT HEART DISEASE The American Heart Association and Siler & Ingber believe that education and awareness is the first fight against heart disease. Though there are genetic conditions you cannot prevent, there are a number of steps you can take in your life to decrease your chances of developing heart disease: maintain a healthy diet exercise regularly watch your cholesterol levels keep blood pressure in control decrease unnecessary stress do not smoke limit sugary foods to manage blood sugar In addition to lifestyle changes, visiting your doctor for annual physicals can also help catch heart conditions before they become severe.
