If an individual is injured at work, they are entitled to medical care. However, the injured worker should be aware that the employer has control of which doctors to send the injured worker. If the medical care that the employer provides is not adequate, the employee’s attorney should file a motion for medical treatment right away. In general, the workers’ compensation court should address the worker’s medical treatment inadequacies within thirty days. [Read more…]
Ginarte Law Firm Welcomes James Krupka, Esq.
The Ginarte Law Firm is pleased to announce that James Krupka, Esq. has joined our firm. Mr. Krupka will be working out of our Newark and Clifton offices and will be handling a variety of personal injury cases. Mr. Krupka is a dedicated attorney with extensive experience in personal injury and civil litigation. He has previously represented both plaintiffs and defendants. [Read more…]
Massive Pain & Suffering Verdict Upheld in Federal Appeals Court
The Second Circuit has upheld a verdict of $15,000,000 for pain and suffering in a paralysis case handed down in July 2010. The case involved a then 36 year old baggage handler for American Airlines who was a passenger in a baggage tractor driven by a co-worker. The two were in the baggage tractor and as they passed a parked jet. The backwash from the jet’s engine caused the baggage tractor’s hood to lift up and strike the plaintiff’s head, fracturing his cervical spine and rendered him a quadriplegic. [Read more…]
National Crash Statistics Bring Both Good and Bad News
Each year, the National Highway Transportation Safety Administration issues a report on increases and decreases in the number of injuries and fatalities on the nation’s highways. With the recent release of the 2011 statistics, there are reasons to celebrate and reasons to be concerned. [Read more…]
Snow Removal Is Safety Concern for Construction Workers
As winter settles in throughout the northeast, many workers in the construction industry in New York and New Jersey are at risk of injuries from snow removal. Because snow removal can be dangerous, the Occupational Health and Safety Administration has issued a hazard alert for anyone involved in snow removal. [Read more…]
Stay Safe for the Holidays – Beware of Drinking and Driving
With the arrival of the holiday season, law enforcement agencies in New York and around the country are on high alert for drunk drivers. The national “Drive Sober or Get Pulled Over” campaign is winding down but promises to continue increased patrols through the first of the year to reduce injuries and deaths attributable to drinking and driving. Drinking and driving is a year-round problem in the Big Apple; however, Christmas and New Year’s see a marked increase in drinking and driving arrests and crashes. [Read more…]
What to Do If You Are Injured in a New York Construction Accident
If you are employed in the construction industry, you have a one in 10 chance of being injured while on the job, according to the Occupational Safety and Health Administration. In fact, the construction industry has the second highest number of work-related injuries each year, behind only the transportation industry, per Bureau of Labor statistics. [Read more…]
Anticipating the Appeal
“Trying the case for the Appellate Division.”
This phrase is not uncommon when controversial cases are discussed between opposing lawyers. The saying essentially means that no matter the outcome at the trial level in the Supreme Court, no matter who wins and how much, there will be appeals going to the next highest court in the State of New York: The Appellate Division. [Read more…]
Third-Party Lawsuits an Option in Some New Jersey Construction Accidents
Anyone who works in the construction industry knows about the many potential dangers that occur every day. Construction accidents consistently rank second only to transportation accidents among causes of workplace injuries nationwide, according the Bureau of Labor Statistics. When a construction accident results from negligence, an injured worker may be able to obtain compensation through a third-party lawsuit. [Read more…]
Falls Are Common Cause of Construction Site Injuries
More construction workers are injured or killed in falls than any other kind of on-the-job accident, according to the Occupational Safety and Health Administration. In early November, for instance, a 37 -year-old ironworker at the Oswego campus of the State University of New York was fatally injured when he fell from a roof where he was installing metal decking, according to a report. The cause of the fall was not immediately reported, but all campus construction projects were suspended pending a review of safety. [Read more…]
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