Construction workers in the U.S. are at particular risk of suffering accidents and fatalities on the job. Research has found that construction workers are the fourth-highest group of employees at risk for work-related fatalities. And one of the most serious and common accidents that construction workers face are those involving scaffolding. According to the U.S. Bureau of Labor Statistics, it is estimated that about 65 percent of construction workers actively work on scaffolding as part of their jobs. Unfortunately, scaffolding accidents are notoriously dangerous, resulting in approximately 60 fatalities and 4,500 injuries annually. Dealing with injuries after a scaffolding accident can be overwhelming. The victim will have to suffer from the pain of their injuries while also having to deal with medical bills and other financial challenges from being out of work. Hiring a skilled New York City scaffold accident lawyer may be able to help the victim recover the compensation they deserve. Attorney Keetick L. Sanchez and her team of experienced personal injury lawyers are well-versed in the laws surrounding scaffolding accidents. Call us today at (646) 701-7990 to schedule a free consultation. Scaffolding Accidents are a Particular Problem in New York CityScaffolding safety violations are the fifth most common OSHA safety violations in the nation. Recently, OSHA issued its highest fines ever to violating construction companies in the first quarter of 2021, many for scaffold violations. Because of the size of many of our buildings in New York City, scaffolding safety is a particular issue here. When scaffolding is not properly secured, constructed, or maintained, workers can fall from great heights, leading to serious injuries and tragic deaths. OSHA Regulations for Scaffolding in New YorkFalls are the most common cause of death among construction workers. This is why employers, contractors, and site owners must take every precaution to ensure their workers’ safety. OSHA requires that employees who are more than 10 feet above the ground must have fall arrest systems or guardrails. This depends on what type of scaffolding they work from. Guardrails must be capable of withstanding at least 200 pounds and measured between 38 and 45 inches high. Guardrail systems may not be sufficient for some types of scaffolding, such as suspended scaffolds, and a fall arrest system may be necessary. OSHA defines personal fall arrest as a system that stops an employee from falling from a working level. Before working on a scaffold, employees must be trained properly. Employees working on scaffolds can be exposed to many hazards. If they don’t have the right training, it is possible for catastrophic injuries and accidents to occur. This is particularly true when scaffolding is being erected and taken down. To ensure scaffolding can be safely used by workers, it must be regularly inspected. OSHA requires scaffolding to be inspected by qualified professionals before and after every shift. Common NYC Scaffold AccidentsWhile most scaffolding accidents are falls, some involve the collapse of the structure itself. Some scaffold accidents are unavoidable, but unfortunately, most are caused by serious unaddressed safety issues. These can include
When a worker has sustained injuries in a scaffold accident, they may be able to collect compensation for their injuries through workers’ compensation, a personal injury lawsuit, or a claim based on New York’s scaffold law. What are the Main Causes of Deaths and Injuries on Scaffolds?Scaffolding, a ubiquitous sight on construction sites, is often linked to serious accidents and fatalities. Understanding the primary causes of such incidents is crucial for enhancing worker safety.
Worker safety on scaffolding is paramount and requires a combination of quality design, proper construction, regular maintenance, comprehensive training, and adherence to safety standards. By understanding and addressing these issues, the risk of scaffold-related injuries and deaths can be significantly reduced.
New York’s Scaffold LawIn New York, we have laws that specifically address accidents caused by safety issues on construction sites. New York Labor Law § 240, otherwise known as the scaffold law, helps protect those workers who have been injured on a site because of safety problems and holds contractors, owners, and agents liable when these accidents happen. If a gravity-related accident occurs due to safety violations, multiple parties can be held legally and financially accountable for a worker’s injuries. The Deliberate Nature of Our Scaffold LawWhile the scaffold law does help many construction workers and their families get the crucial help they need after an accident, these claims are not always easy to establish. The laws have been written very specifically, and the courts are very strict about what claims fall under the law. The burden of proof is on the victim to establish that laws have been violated and that the violation is what directly contributed to the accident. via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/what-is-a-scaffolding-accident/
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The sudden loss of a loved one can be devastating and emotional. This is especially true if the loss comes from an accident that could have easily been avoided. A wrongful death claim is a legal measure that allows bereaved loved ones to hold the negligent party accountable. In accidents caused by observed disregard for reasonable care, a wrongful death claim can be used on the negligent party as a deterrent for habitual action. A wrongful death claim is not intended to exchange money for the lost loved one or put an economic value on the grief the bereaved family is experiencing. Instead, it is a way to ease the financial impact of arranging a funeral or, potentially, the loss of a breadwinner. At K L Sanchez Law, we are dedicated to helping families move on after the tragic loss of a loved one by assisting in recovering financial compensation. We provide compassionate legal counsel and representation. Call us today at (646) 701-7990 to speak with one of our experienced New York wrongful death attorneys. What Is a Wrongful Death Claim Under New York Law?New York law defines a “wrongful death” as a death caused by a “wrongful act, neglect or default”. It is a type of personal injury case with the key difference being that a representative of the decedent is the one filing the case, given that the decedent is no longer around to do so. A wrongful death case can be filed for three main reasons:
To establish a case of negligence, it is necessary to determine whether the other party in the case had a ‘duty of care’ to the decedent. Negligence is any breach of this duty of care that causes injury and harm to another person. When someone is negligent under the law, it means that the incident they caused stemmed from their unintentional act. The breach of the duty of care is neither deliberate nor intentional. This can be a key difference between negligence-based accidents and criminal acts, where harm is caused intentionally. Negligence can be one of the causes of wrongful death under New York law. If a defendant is established as negligent in a wrongful death case, they might be made to pay damages to the decedent’s surviving family. Call to speak with an experienced Queens accident lawyer today. What Are The Elements Of A Wrongful Death Case?To establish that a wrongful death has indeed happened, the following elements must be proven:
The evidence in the claim must be well-documented, especially the conduct of the negligent party. Admissible evidence in a wrongful death case can include medical records, autopsy reports, the negligent party’s admission of guilt or statements, and video or audio recordings, among others.
What Kind Of Damages Can Be Awarded To The Surviving Family In A Wrongful Death Case?Damages, or the claimed losses in a wrongful death case, are awarded to the decedent’s surviving family or estate to serve as compensation for the death. Damages can vary in type and amount depending on the circumstances of each case. Here are some types of economic damages that can be awarded in a wrongful death case:
Unlike other states, New York does not allow filing damages for loss of consortium or companionship in a wrongful death case. Surviving family members are also not allowed to file for emotional damages. These are considered non-economic damages. The court does not put a price on such damages. New York also allows for punitive damages. Punitive damages are still awarded to the surviving family but it differs from economic damages in the intention of why punitive damages are awarded. Punitive damages are meant to serve as punishment and a deterrent for the negligent party from committing the same act. It is important to mention that the valuation of the damages awarded will require expert opinion and court precedence. The decedent’s age may also factor in the amount of the damages especially when determining potential loss of income damages. There is also a statute of limitations when filing a wrongful death claim. The statute of limitations for a wrongful death claim is two years from the decedent’s date of death. However, in cases of medical practice and wrongful death due to criminal acts, the statute of limitations is different. There are a lot of complicated factors to consider when filing a wrongful death claim. It is a good idea to consult an experienced New York wrongful death attorney. An attorney may be able to explain the different factors at work in your case. At K L Sanchez Law, we have assisted many New York families in filing a wrongful death claim. We are committed to providing compassionate representation in protecting your legal rights. Call our office today at (646) 701-7990 or fill out our online form to schedule a complimentary consultation. Difference Between Negligence and Strict LiabilityNegligence and strict liability are two legal concepts pertaining to the accountability one may bear for inflicting injury upon others. They are used in varying contexts and demand distinct criteria for validation. Strict liability is a legal doctrine that imposes liability on a defendant without a need to demonstrate fault or negligence. The crucial components to prove include the occurrence of injury or damage due to their action or non-action, that the action or non-action was not due to another party’s negligence, and the foreseeability of the defendant’s behavior. Strict liability is typically enforced in instances involving property damages and product defects. For instance, landlords and manufacturers may be held strictly liable for injuries resulting from their property or products. Conversely, negligence denotes the lack of due care resulting in damage. This may appear as neglect, inappropriate actions, or not taking action when there’s a duty to do so. To substantiate a negligence claim, the following aspects must be demonstrated:
Several forms of negligence exist, such as active negligence (caused by an action), passive negligence (caused by inaction), gross negligence (an extreme disregard for safety), comparative negligence (fault lies with both parties), and negligence per se (breach of a statute). Can Anyone File A Wrongful Death Case Against The Negligent Party?Other states allow any person with a “standing” to file a wrongful death claim, meaning they have a sufficient relationship to the legal matter. In New York, only a personal representative can file a wrongful death case on behalf of the decedent’s family. In most cases, the person would be the executor of the decedent’s will or their legal guardian. The court can also appoint a representative to the decedent if there’s no will or the decedent did not name a representative before they died. Once damages are awarded to the family, the amount will be put in a trust. The personal representative, in the capacity of a trustee to the awarded damages’ trust, will be responsible for distributing the amount to the family. Getting The Help Of An Experienced New York Wrongful Death Attorney.Losing a loved one is a difficult experience and nothing can alleviate its pain. A wrongful death claim can be a source of catharsis. It can provide a way for a decedent’s surviving family to hold the negligent party accountable for their loved one’s death. The decision to file a wrongful death case is a highly personal and emotional decision. Our skilled New York personal injury attorneys at K L Sanchez Law may be able to help you make an informed decision. We can provide you with your legal options and understand what you are entitled to under the law. Our team of experienced New York wrongful death attorneys is available for consultation. Contact K L Sanchez Law today at (646) 701-7990 or fill out our online form to schedule a free consultation. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/what-is-the-difference-between-wrongful-death-and-negligence-in-new-york/ What Is the Difference Between Wrongful Death and Negligence in New York?via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/what-is-the-difference-between-wrongful-death-and-negligence-in-new-york/ In New York City, at every turn, we see more construction. From renovations to demolitions, to building the newest sleekest high-rise from the ground up, our constant state of construction development creates safety hazards for those who routinely work on these job sites. While state and local governments have implemented strict laws around the construction industry here, it remains an industry plagued by accidents year after year. In 2021 alone, the New York City Department of Buildings reported 712 construction incidents resulting in 505 injuries and 9 fatalities. Unfortunately, many sites have continued to operate throughout the years while having a myriad of safety complaints against them for inadequate safety protocols. It is important to seek the help of an experienced NYC crane accident lawyer when you have been injured on a construction site. At K L Sanchez Law Office, our skilled construction accident attorneys can provide legal representation for your construction accident case, assist in filing a claim, and may be able to help you receive the maximum compensation possible for your injuries. Contact us at (646) 701-7990 to schedule a free consultation. Falls are the Deadliest of all Construction AccidentsAccording to OSHA, the most deadly construction accidents involve gravity-related falls. These include
Falls From Building or ScaffoldingConstruction workers are often required to work from great heights on our job sites, many from scaffolding structures. OSHA has strict requirements concerning scaffolding design and standards. When these standards are not adhered to, serious falls can happen, resulting in serious injuries and fatalities. Scaffolding itself creates its own set of safety issues. Scaffolding that is improperly designed, maintained, or erected creates numerous safety issues for those who rely on them. Inadequate training or access to safety equipment and fall protection create safety risks for anyone working in the vicinity. From overloading scaffolding to erecting it too close to energy sources, many issues can lead to scaffolding accidents resulting in serious accidents, injuries, and fatalities. Slip and Fall Accidents on Construction SitesMany slip and fall accidents on construction sites are due to hazardous conditions on the job site. These include surface and environmental conditions, obstructions, site-coordination issues, and human error. Falling Tools and DebrisAccording to EHS Today, a publication dedicated to occupational safety, injuries and fatalities caused by falling objects occur every 10 minutes on construction sites. OSHA requires that all materials and tools in a work environment be properly secured to prevent falling.
What are the Most Common Types of Crane Accidents?Cranes must never be operated carelessly or left unsecured due to their inherent risks. The responsibility lies on owners and contractors to guarantee the safety of these colossal machines. This obligation encompasses regular inspections, providing guidance, maintaining equipment, and monitoring to minimize avoidable accidents. The most common crane accidents are:
The Occupational Safety & Health Administration (OSHA) approximates that around 225,000 cranes are actively employed across the nation every day. Over 250,000 individuals nationwide, including crane operators and workers on construction sites with crane usage, are exposed to the risk of crane-related injuries and fatal accidents. The safety of workers and bystanders is jeopardized by various types of crane accidents. Nearly 45 percent of all crane mishaps, as reported by Northwestern Energy, are attributed to booms and cranes coming into contact with live power lines, which is the predominant cause of crane-associated fatalities. When cranes interact with live electrical wires, all metallic parts of the crane become electrically charged and hazardous. These incidents place the operator and nearby workers at a high risk of suffering severe and possibly fatal injuries from electric shock. When a crane accident takes place, it is crucial to contact a NYC crane accident lawyer. The K L Sanchez Law Office is available to offer immediate assistance, ensuring the preservation of vital evidence, conducting interviews with witnesses, and meeting all necessary legal deadlines for your case. Arrange a consultation to maximize the chances of achieving a favorable outcome for your case. The Scaffold LawHere in New York, the courts have decided that liability under Labor Law § 240, otherwise known as the scaffold law, is absolute, meaning that the owners and contractors, even if they are not actually involved in the direct supervision or control of the work, can be held legally liable for any injuries or fatalities that result. In other states, injured parties or surviving families must prove negligence in order to prevail in personal injury or wrongful death lawsuits. Getting Legal AssistanceBut while our scaffold law does help many of our workers get critical help after a construction accident, the courts are very strict about what types of injury claims fall under it. Because the victim always has the burden of proof in these matters, it’s important to have experienced legal representation after a construction accident. via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/what-is-the-most-common-accident-on-a-construction-site/ If you have sustained an injury at work, workers’ compensation has a specific deadline that you must meet to get workers’ compensation benefits. If you have been injured in a workplace accident and fail to meet this deadline, your claim may be in jeopardy. Workers’ compensation is a very important benefit for workers who have suffered injuries on the job. Without these insurance benefits, you could face having to pay for the medical costs for your injuries out of pocket. Furthermore, if you are unable to return to work because of your injuries, workers’ compensation has disability benefits that will help you and your family financially while you are unable to work. The sooner you report your accident and file a claim, the sooner you will start to collect your workers’ compensation benefits. Seeking the help of a workers’ compensation lawyer is crucial as they have the knowledge to navigate the complex legal process on your behalf. At K L Sanchez Law Office, our experienced Queens workers’ compensation attorney may be able to help you recover the compensation you deserve. Call us today at (646) 701-7990 to schedule a consultation. If You Have Been Injured on the JobWhen you have been involved in an accident on the job, you will want to report it to your immediate supervisor as soon as possible. The law requires you to report your accident within 30 days of the incident. Then you will have up to two years to report any injuries that resulted from the accident. This is called the workers’ compensation statute of limitations. In New York, the Workers’ Compensation Board defines their statute of limitations as
It’s important to report an injury anytime you are injured on the job, regardless of how minor you may think it is or whether or not you file a claim. You should also seek medical care immediately. You may find down the road that the accident resulted in an injury that wasn’t immediately detectable, and reporting the accident protects your rights to workers’ compensation if an injury becomes apparent. What Can You Recover From Workers’ Compensation?Once you have reported your injuries and filed for benefits, if you qualify for workers’ compensation, you may be able to receive benefits, including
Was a Third-Party Involved in the Accident?There may be instances when another individual or company outside your employer or place of employment was a factor in your workplace accident. If this is the case, in addition to filing for workers’ compensation, you may also be able to bring a personal injury lawsuit against the third-party involved in the accident. In addition, if a defective piece of machinery, tool, or gear was involved in your accident and injury, you may also bring a product liability claim against the company that produced or maintained that equipment. Workers’ Compensation 90-day RuleMedical evidence is critical in substantiating your workers’ compensation claims and ensuring continuous benefits. If you suffer an injury at work, it is crucial to seek immediate medical attention. Make sure to provide an exhaustive, accurate account of the incident. If you’re claiming an occupational disease developed over time due to excessive use, such as carpal tunnel syndrome or hearing loss, your doctor needs to ascertain if your job contributed to these injuries. Following a diagnosis, the workers’ compensation doctor will assess whether your work tasks could have caused the condition. You’re entitled to choose any medical professional or service provider that accepts workers’ compensation; a referral isn’t necessary. However, in an emergency situation, you can seek treatment from any available provider. Whenever you consult a doctor, it’s crucial that the doctor’s office is informed that the treatment is for a work-related injury. It is important to submit your treatment bills to the workers’ compensation insurance carrier instead of your private insurance. Workers’ compensation fully covers medical treatment, including medications, hence if a provider requests a co-payment, consider it a warning sign. While you are on temporary leave from work and receiving benefits, it is crucial to consult with a doctor at least once every 90 days. This is commonly known as the “90-day rule” or the “workers’ compensation 90-day rule.” In order to retain your lost wage benefits, it is necessary for your doctor to assess the extent of your disability. Failure to see a doctor within a 90-day period could result in your workers’ compensation carrier moving to suspend these benefits. If you have been injured at work, it’s crucial to understand how the workers’ compensation 90-day rule applies in your case. Consulting a Queens workers’ compensation lawyer can provide you with the necessary guidance and ensure you meet the deadlines for reporting your injury, protecting your rights, and pursuing your claim effectively. Schedule a consultation with K L Sanchez Law Office today. Call a NY Workers’ Compensation LawyerIf you have sustained an on-the-job injury in New York City, you should contact a NY worker’s compensation attorney to understand your rights and all possible sources of compensation for your injuries. At K L Sanchez Law Office, Keetick Sanchez and her team of experienced NY workers’ compensation lawyers have diligently represented workers who have sustained on-the-job injuries to ensure their legal rights are protected. Call us at (646) 701-7990 or contact us through our website to schedule a free consultation to discuss your case.
via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/how-long-do-you-have-to-report-an-injury-at-work-in-ny/ As per the salvage vehicle law of New York State, any vehicle that has undergone substantial damage or destruction must be granted a salvage title. These titles signify that the Department of Motor Vehicles (DMV) is required to inspect the vehicle before issuing a new title certificate. Inspecting vehicles aims to prevent the utilization of stolen components and ensure customer safety. Consulting with a Queens car accident lawyer can provide you with insight into acquiring a salvage title. If your car was damaged by natural disasters such as hurricanes, an experienced personal injury attorney can provide you with the details you may need in order to apply for a salvage title on your vehicle. K L Sanchez Law Office has a team of New York injury lawyers who may be able to provide the legal advice you need if you’ve been involved in a car accident in Queens. Contact us today to schedule with a top-rated car accident lawyer. Definition of a Salvage Title in New YorkA salvage title is an official certificate issued by a state’s Department of Motor Vehicles (DMV) to signify that an insurance company has declared a vehicle as a total loss or extensively damaged. The title is given to a vehicle to denote its non-roadworthy status, meaning it cannot be legally driven, registered, or sold in its current condition. Typically, a salvage title is issued when the cost of repairs to restore the vehicle to its pre-damage condition exceeds a certain percentage (usually 75% or more) of its market value. Once a vehicle has a salvage title, it will remain branded as such, unless it undergoes the process of rebuilding and passing a state inspection to be rebranded as a “rebuilt title.” Potential buyers should be cautious while considering purchasing a vehicle with a salvage title, as these vehicles may have hidden damage or require significant repairs to be deemed roadworthy. Common Reasons for Obtaining a Salvage TitleThere are several situations that may lead to a vehicle receiving a salvage title. Below are some of the most common reasons:
New York also has specific requirements for salvage titles, including a mandatory salvage vehicle examination and restrictions on driving and registering salvage vehicles. It is essential to understand these requirements and the potential risks of purchasing a salvage vehicle in New York before making a purchase decision. Timeframes and DeadlinesThere are several deadlines that vehicle owners, insurance companies, and the New York DMV must adhere to throughout the salvage title process.
Obtaining a salvage title for a vehicle in New York involves several steps. Timely compliance with all deadlines is crucial for a smooth salvage title process, which ultimately ensures the safe and legal operation of the vehicle after repairs and inspection. Applying for a Salvage TitleDMV has made a couple of changes to the process of applying for a salvage title recently. The following are the steps you can take to apply for a salvage title in NYC:
Auto Theft & Salvage, DFI P.O. Box 2105 Empire State Plaza Albany, NY 12220-0105
To modify or call off your upcoming examination, inform the DMV at least 48 hours before the exam date. Note that you can make only one alteration or cancellation per application for the scheduled examination. You will be required to pay a fee of $200 if you own a New York salvage certificate. However, if your proof of ownership is anything other than a New York salvage certificate, the fee increases to $205. To settle these fees, individuals may issue payment via check or money order, payable to the Commissioner of Motor Vehicles. The Purpose of a Salvage BrandWhen an automobile has been designated as a salvage vehicle, certain restrictions are placed on its owner’s ability to use and sell it. If they choose to rebuild a salvaged vehicle for road use again, they must have it inspected by the DMV prior to receiving new registration or title documentation. This inspection is mandated by New York State Auto Theft Prevention Program. Under New York’s Salvage Certificate program, all vehicles with New York Salvage Certificates as well as most rebuilt salvage vehicles from other states must undergo an official inspection before receiving a new title. However, if a vehicle’s Salvage Certificate bears labels such as “parts only,” “non-rebuildable,” “destroyed,” or “scrapped,” then DMV won’t approve its use on the road and no new title will be issued. Converting a Salvage Title to a Rebuilt Title in New YorkWhen a car is significantly damaged because of an accident or natural disaster, insurance companies may label it as a total loss and issue a salvage title. For those who purchase salvage vehicles and intend to drive them, the vehicle must undergo repairs and inspections before it can be retitled as a rebuilt title. To convert a salvage title to a rebuilt title in New York, the vehicle must be restored to a condition that is in compliance with safety standards established by the state. The owner is responsible for ensuring that the vehicle is rebuilt and repaired using parts that meet New York’s safety standards. To be eligible for a rebuilt title, the vehicle must:
It is important to note that once a vehicle is branded with a salvage title, it will always carry that history even after it is converted to a rebuilt title. Benefits of a Salvage TitleThere are several benefits of owning a vehicle with a salvage title. While these vehicles might not be the best fit for everyone, they can provide unique opportunities and cost savings for certain individuals. Below, we will explore the main benefits of owning a salvage title, including their lower purchase price, the potential for rebuilding and reselling, and their use in parts and do-it-yourself repair projects. Lower Purchase PriceOne of the primary reasons some people consider purchasing a vehicle with a salvage title is the significantly reduced purchase price compared to a clean title vehicle. Salvage vehicles are usually priced around 50% less than their non-salvage counterparts. The lower price can be attractive to potential buyers who either don’t mind the vehicle’s history or see it as an opportunity to save money. However, it’s essential to keep in mind that a salvage title vehicle may come with additional costs in the long run, such as repairs, increased insurance premiums, and potential lower resale value. Potential for Rebuilding and ResellingAnother benefit of owning a salvage title vehicle is the potential for rebuilding and reselling it for profit. Skilled mechanics or those with a keen interest in automotive restoration can find salvage vehicles presenting an excellent opportunity to practice their craft while making a profit. To rebuild a vehicle with a salvage title, the owner must repair it to a street-legal, safe condition and then have it inspected by a state or local agency. If the vehicle passes, it may be issued a rebuilt title rather than a salvage title, making it much easier to resell than a salvage vehicle. Depending on the amount of work and investment in parts required, it can be possible to turn a profit by reselling a rebuilt vehicle. Parts and Do-It-Yourself Repair ProjectsFor those who love to work on their vehicles or repair and restore them as a hobby, buying a salvage title vehicle can be a great opportunity. In some cases, salvage title vehicles may have perfectly good components that can be removed and used in another vehicle or project. Using parts from a salvage vehicle can save car enthusiasts a lot of money, as it often proves to be more economical than buying new parts from a dealership or auto parts store. It’s important to note that not all salvage title vehicles are suitable for use as parts donors. The extent of damage to a specific vehicle may render certain components unusable, and therefore, it’s crucial to carefully evaluate the condition of individual vehicles before committing to using them for parts or repair projects. Speak to a Skilled Queens Car Accident AttorneyObtaining insurance coverage for a salvage vehicle can prove to be a challenging task. A considerable number of insurance companies are hesitant to offer collision or comprehensive insurance for vehicles that have undergone significant damage in the past, despite undergoing repairs. This may lead to higher insurance premiums compared to those of non-salvaged vehicles. It is important to speak with a skilled Queens car accident lawyer if you have been involved in a car accident and are looking to obtain a salvage title. Contact the top-rated lawyers at K L Sanchez Law Office today at (646) 701 7990 to schedule a free consultation. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/what-is-a-salvage-title-in-new-york/ What is a Salvage Title in New York?via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/what-is-a-salvage-title-in-new-york/ In New York, businesses are required to provide workers’ compensation insurance coverage for their employees, which allows injured workers to receive benefits by filing a claim for workplace injuries. However, due to the exclusive remedy rule outlined in the Workers’ Compensation Code, employees are typically unable to sue their employers for negligence. Under New York Workers’ Compensation Law §29(6), workers’ compensation benefits serve as the sole remedy for workplace injuries and accidents. This means that if an employee is injured while working, their only option is to file a workers’ comp claim. While it is not necessary for the employee to prove their employer’s negligence to receive benefits, it’s important to note that workers’ compensation benefits may not cover all financial losses and damages incurred as a result of the workplace injury. Speaking to an experienced NYC workers’ compensation lawyer is important if you’ve been injured in an accident at work. A workers’ comp attorney is important because they may be able to explain how long you can collect workers’ compensation or help you file for a personal injury lawsuit, if necessary. Our team at K L Sanchez Law Office may be able to help you. Contact us today to schedule a free consultation. Exceptions to the Exclusive Remedy Rule in New YorkThe exclusive remedy rule in New York for workplace injuries allows an injured employee to sue their employer for negligence only under very limited exceptions. An employee may be able to sue their employer if the employer lacks the required workers’ compensation insurance coverage, intentionally injured the employee, or if the employee works for an employer that is not mandated to have workers’ compensation coverage. If your workplace injury does not fall under any of these exceptions, you are unable to sue your employer for negligence. The exclusive remedy rule typically covers workplace injuries that result from a co-worker’s negligence. However, if an independent contractor is classified as a “special employee,” the exclusive remedy rule may apply to them as well. Third-Party Actions in Personal Injury LawWhile an injured employee cannot sue their employer or co-worker for work-related injuries, they can pursue legal action against a third party or another entity if their negligence caused the injury. Such legal actions are referred to as “Third-Party Actions.” If the third-party action results in monetary compensation, either through a settlement or a verdict, the workers’ compensation carrier has the right to reimbursement for any lost wages and medical benefits paid to the injured worker. This is called a “Third-Party Lien.” Determining the lien and other expenses can be complex, and it is recommended to seek legal advice to navigate the process. Moreover, the workers’ compensation carrier must give consent for the injured worker to settle a third-party action. Failing to obtain consent may prevent the employee from receiving future workers’ compensation benefits. The most common third-party actions are related to motor vehicle accidents, where the negligence of a third-party driver causes the injury. In New York State, the injured employee is entitled to workers’ compensation benefits and a potential Third-Party Action, as well as no-fault benefits. Appealing a Denied Workers’ Compensation Benefits ClaimIf your workers’ compensation claim has been denied in New York City, you have the right to appeal the decision. While you cannot sue your employer instead of accepting benefits, our lawyers can assist you in the appeals process. Some reasons for denied claims include:
The appeals process works similarly to the court system, starting with an appeal to the workers’ compensation board. If the board maintains its decision, a workers’ compensation judge can hear the case and evaluate evidence such as:
If necessary, we can appeal the judge’s decision to a panel of board members or the entire board. Lastly, we have the option to appeal to the formal New York courts for a review. Differences Between Personal Injury Lawsuits and Workers’ CompensationThe contrast between workers’ compensation and personal injury claims can be unclear to some, and they may be mistaken for one another. However, these two have significant differences from each other. When an employee sustains an injury while on the job, they can file a workers’ compensation claim. If approved, the injured employee is eligible to receive benefits that compensate for any work-related losses. These benefits may cover lost wages, medical expenses, and rehabilitation costs. Under New York State law, employers are obligated to carry workers’ compensation insurance for their full-time and part-time employees, which covers the costs of an employee’s injury. If an employee is injured while at work and the circumstances of the injury fall outside the scope of a workers’ compensation claim, they may consider filing a personal injury claim. These types of lawsuits are less predictable and can take over a year to resolve in court. Personal injury claims also take into account factors such as pain, emotional trauma, and suffering caused by the injury, which are not covered under workers’ compensation. It is important to speak with an experienced personal injury attorney who may be able to help you seek the compensation you deserve. Seeking the Help of an Experienced Workers’ Compensation Attorney in QueensIt is crucial to know your rights as an employee and understand your legal entitlements. In the event of a work-related injury, it is essential to take immediate action and seek the advice of competent legal counsel. If your employer is legally responsible for your injury or your injuries were sustained in the workplace, and you are still employed, our team of adept workers’ compensation lawyers can evaluate your medical records, examine your situation, and support you in constructing a robust claim. At K L Sanchez Law Office, personal injury lawyer Keetick L. Sanchez and her team of workers’ compensation lawyers may be able to help you seek the compensation you deserve. Contact us today at (646) 701-7990 to schedule a free consultation. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/can-i-sue-my-employer-for-negligence/ Can I Sue My Employer for Negligence?via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/can-i-sue-my-employer-for-negligence/ For some families, there is nothing more important than being together where they can have opportunities for themselves and their future. This is particularly true when some family members are separated in different countries. Our country was founded on the concepts of freedom and family, and, fortunately, in the United States, we have laws that make it possible for families to help each other come together here to enjoy our immense opportunities. Immigration laws are complicated for anyone, but especially for individuals who don’t speak the English language. Having the assistance of an experienced Queens immigration lawyer can help when a family member is seeking an immigrant visa in the United States. The Building Blocks of Family-Based ImmigrationIn any family-based immigration matter, there must be at least two family members involved. One is the petitioner who is either a United States citizen or a lawful permanent resident. The other is the beneficiary who is seeking an immigrant visa. In some cases, the beneficiary may also have a spouse and children who can qualify as beneficiaries. Seeking a Family-Based Immigrant VisaAny foreign citizen who wishes to live permanently in the United States must secure an immigrant visa. To apply for an immigrant visa, that person must be sponsored by a family member who is either a United States citizen or a U.S. green card holder. There are two different categories of family immigrant visas. An immediate relative visa is one that is secured for a close family relationship. Close family relationships, or immediate relatives, are spouses, parents, and unmarried children under 21. These visas are unlimited to immediate family members of United States citizens. Anything other than the immediate relative immigrant visa is considered a family preference visa. While immediate family visas are unlimited, family preference visas are limited in number each year. Consequently, there is usually a backlog of most family preference category visas. What is the Process For Applying for an Immigrant Visa?The basic application process begins when a citizen or lawful resident family member petitions for a family member to immigrate. When it comes to family-based immigration, immediate relatives of a U.S. citizen have a clear advantage. These immediate relatives are limited to
A U.S. citizen may also sponsor a foreign fiance to come here for the purpose of marriage. Family preference categories include all other qualifying relationships of either a U.S. citizen and some specified relationships of lawful permanent residents, including
United States citizens and permanent residents will first file a petition with the U.S. Citizenship and Immigration Services, which will then be processed. When the demand for family preference visas exceeds the limits, which it usually does, a waiting list forms, and each individual on the waiting list is placed according to a priority date. The U.S. Department of State publishes a bulletin each month where family members can check where they are in line. Depending on the category, this, unfortunately, can take a matter of months or even years. Legal immigration to the United States is time-consuming and complicated. Consequently, many individuals choose to use an experienced immigration lawyer to ensure requirements are understood and all forms and paperwork are completed properly. How long does the whole process take?It’s not an easy process and can take many years to receive a visa. Because of the high demand for visas and limited supply, waiting times can be quite long, especially for family preference immigrants. On the other hand, family members who are immediate can get their visas faster once they’ve completed the lengthy visa application process. Important Things to RememberThese are the key things you need to remember while seeking family-based migration.
Visas for immediate relativesThe Immediate Relationship category includes the spouse, parent, or unmarried child of a U.S. citizen under 21 years old. Children younger than 21 years old are not eligible to petition for their parents. The Immediate Relative visa category is always current. There is no preference categories backlog. A separate petition for dependents is required. No derivative beneficiaries are permitted. If the sponsoring US spouse has minor children from a previous marriage, the petition must be filed for that child. The Immediate Relative petition filed by a US citizen for a spouse who has been married less than two years will grant “Conditional Residence” to the foreign spouse. This is valid for two years. To remove conditions on residence, both the US and foreign spouses will need to file another petition within the 90-day period preceding the two-year expiration of conditional residence. Immediate Relative VisasUS citizens and green card holders are allowed to sponsor an immediate family member to come to the United States. Immediate Relative Visas consist of the following non-fiscal-year-specific visa types:
Immediate Relative visas are issued with the goal of aiding in the reunion of families. Visas for immediate relatives are issued upon verification of a close familial connection to a US resident. The relationship between the petitioner and beneficiary may have a significant impact on how quickly a Form I-130 or a Petition for Alien Relative, is processed. With approval durations of 5 to 9 months and a filing fee of $535, immediate family members of US citizens are qualified for an unlimited number of immigration visas. Obtaining a visa for a close relative might be difficult and tedious. Working with an experienced immigration attorney can greatly assist in navigating the family immigration system. You and your family may find it easier to navigate the murky waters of US immigration law if you work with a skilled lawyer. Additionally, a lawyer can follow up on the situation and inform the client of how their application is progressing. Immigration attorneys also have a better grasp of the expected timeline for how long the application process will take. The acceptance of Form I-130 may take several months for direct relatives, such as spouses and children under the age of 21, but it may take up to several years for other categories. If you need help with immigration procedures, an immigration lawyer can guide you through the process, safeguard your rights, and represent your interests if necessary. If you have questions concerning family-based immigration or any other pathways to legal status in the United States, contact our experienced immigration lawyers at KL Sanchez Law Office, P.C. Call now: (646) 701-7990. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/what-is-family-based-immigration/ What is Family-Based Immigration?via Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/what-is-family-based-immigration/ If you have experienced a personal injury due to a construction accident, you may be considering hiring a construction accident attorney. This is an excellent decision as hiring a lawyer improves your ability to successfully negotiate a favorable claim for injuries caused by a construction accident. Before you hire a construction accident attorney, though, you will need to research and meet with potential candidates to see who would be a good fit for your case. Below are 6 important questions to ask a Queens construction accident lawyer before hiring them. How long have you been practicing law and what proportion of your cases deal with construction accidents?
However, you also need to consider their level of experience in handling cases related to construction accidents. A lawyer with decades of experience practicing law but minimal experience with construction accident cases may not be a good fit for you. What is your fee structure?Different attorneys use different fee structures to charge for the legal services they provide. A common fee structure with construction accident attorneys is on contingency. This means that if you lose the case, no payment is required. And if win, your lawyer is entitled to a percentage of your settlement. Based on your own financial situation, you may favor one fee structure over another. Establish this early on so that you can determine if the payment for services aligns with all parties. What would be the expected settlement range for a case like mine?
You want a lawyer who believes that they can obtain the highest settlement and/or workers compensation for you. But you also want a lawyer who gives you the best chances of winning the case. So pay very close attention to their answers. A range too high may be overly optimistic and could signal unrealistic expectations. And a range that is very low may signal low competency when it comes to negotiation. Compare the settlement ranges proposed by every construction accident lawyer you meet with before settling on the lawyer you are most comfortable working with. Are you experienced in both out of court settlements and trials?The circumstances surrounding a construction accident can add complexities to a case and depending on negotiations can either be settled out of court or put before a judge through trial. The construction accident lawyer you hire should be experienced in both in order to ensure you receive the best possible outcome for your case. What miscellaneous costs can be expected, and who will pay for them?It is common to incur costs outside of the agreed legal services provided by your construction accident attorney – for example, witness fees. Before hiring a lawyer to represent you in your workplace injury claim, make sure to establish all possible miscellaneous costs that may come up during the course of the case and whether these costs will be paid for by the law firm or out of your own pocket. When do you expect a case like mine to complete?If you have been injured in a construction accident, you may not be able to work and are relying on the settlement of your case to pay for critical medical expenses and move forward with your life. A construction accident lawyer with a wealth of experience handling cases like yours should be able to provide accurate estimates of how long you can expect your case to settle. Hiring a construction accident lawyer in QueensSeeking the advice of a construction accident attorney and weighing your legal options is important following a workplace injury. Before retaining any counsel, you should conduct thorough interviews with multiple candidates to assess their qualifications and determine if they are right for your case. Why Do Attorneys Turn Down Cases?When an individual requires legal representation for a case, they may find that not all lawyers are willing to handle every case. There are several factors that influence this, such as the potential payout or likelihood of success. The first thing a lawyer considers is the issue of liability. If the victim is responsible for their injuries, the case may not be accepted, and there may be no recovery. Attorneys who handle personal injury cases work on a contingency fee basis, receiving a portion of the settlement or verdict as payment. Consequently, attorneys might assess how long the case may take and determine whether the potential payout justifies the time and costs invested. Attorneys may also take into account the expenses associated with the case, such as the cost of depositions, document copies, exhibit preparation, and hiring medical professionals and other experts for crucial information about the case. If you’re uncertain whether your case will be accepted, the best course of action is to contact a lawyer and discuss it with them. An experienced Queens accident attorney can evaluate the case and decide whether they’re willing to take it on based on the factors mentioned above. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/6-important-questions-to-ask-a-construction-accident-attorney-before-hiring-them/ 6 Important Questions to Ask A Construction Accident Attorney Before Hiring Themvia Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. https://accidentlawyer-queens.com/6-important-questions-to-ask-a-construction-accident-attorney-before-hiring-them/ The sudden loss of a loved one can be devastating and emotional. This is especially true if the loss comes from an accident that could have easily been avoided. A wrongful death claim is a legal measure that allows bereaved loved ones to hold the negligent party accountable. In accidents caused by observed disregard for reasonable care, a wrongful death claim can be used on the negligent party as a deterrent for habitual action. A wrongful death claim is not intended to exchange money for the lost loved one or put an economic value on the grief the bereaved family is experiencing. Instead, it is a way to ease the financial impact of arranging a funeral or, potentially, the loss of a breadwinner. At K L Sanchez Law, we are dedicated to helping families move on after the tragic loss of a loved one by assisting in recovering financial compensation. We provide compassionate legal counsel and representation. Call us today at (646) 701-7990 to speak with one of our experienced New York wrongful death attorneys. What Is a Wrongful Death Claim Under New York Law?New York law defines a “wrongful death” as a death caused by a “wrongful act, neglect or default”. It is a type of personal injury case with the key difference being that a representative of the decedent is the one filing the case, given that the decedent is no longer around to do so. A wrongful death case can be filed for three main reasons:
To establish a case of negligence, it is necessary to determine whether the other party in the case had a ‘duty of care’ to the decedent. Negligence is any breach of this duty of care that causes injury and harm to another person. When someone is negligent under the law, it means that the incident they caused stemmed from their unintentional act. The breach of the duty of care is neither deliberate nor intentional. This can be a key difference between negligence-based accidents and criminal acts, where harm is caused intentionally. Negligence can be one of the causes of wrongful death under New York law. If a defendant is established as negligent in a wrongful death case, they might be made to pay damages to the decedent’s surviving family. Call to speak with an experienced Queens accident lawyer today. What Are The Elements Of A Wrongful Death Case?To establish that a wrongful death has indeed happened, the following elements must be proven:
The evidence in the claim must be well-documented, especially the conduct of the negligent party. Admissible evidence in a wrongful death case can include medical records, autopsy reports, the negligent party’s admission of guilt or statements, and video or audio recordings, among others. What Kind Of Damages Can Be Awarded To The Surviving Family In A Wrongful Death Case?Damages, or the claimed losses in a wrongful death case, are awarded to the decedent’s surviving family or estate to serve as compensation for the death. Damages can vary in type and amount depending on the circumstances of each case. Here are some types of economic damages that can be awarded in a wrongful death case:
Unlike other states, New York does not allow filing damages for loss of consortium or companionship in a wrongful death case. Surviving family members are also not allowed to file for emotional damages. These are considered non-economic damages. The court does not put a price on such damages. New York also allows for punitive damages. Punitive damages are still awarded to the surviving family but it differs from economic damages in the intention of why punitive damages are awarded. Punitive damages are meant to serve as punishment and a deterrent for the negligent party from committing the same act. It is important to mention that the valuation of the damages awarded will require expert opinion and court precedence. The decedent’s age may also factor in the amount of the damages especially when determining potential loss of income damages. There is also a statute of limitations when filing a wrongful death claim. The statute of limitations for a wrongful death claim is two years from the decedent’s date of death. However, in cases of medical practice and wrongful death due to criminal acts, the statute of limitations is different. There are a lot of complicated factors to consider when filing a wrongful death claim. It is a good idea to consult an experienced New York wrongful death attorney. An attorney may be able to explain the different factors at work in your case. At K L Sanchez Law, we have assisted many New York families in filing a wrongful death claim. We are committed to providing compassionate representation in protecting your legal rights. Call our office today at (646) 701-7990 or fill out our online form to schedule a complimentary consultation. Can Anyone File A Wrongful Death Case Against The Negligent Party?Other states allow any person with a “standing” to file a wrongful death claim, meaning they have a sufficient relationship to the legal matter. In New York, only a personal representative can file a wrongful death case on behalf of the decedent’s family. In most cases, the person would be the executor of the decedent’s will or their legal guardian. The court can also appoint a representative to the decedent if there’s no will or the decedent did not name a representative before they died. Once damages are awarded to the family, the amount will be put in a trust. The personal representative, in the capacity of a trustee to the awarded damages’ trust, will be responsible for distributing the amount to the family. Getting The Help Of An Experienced New York Wrongful Death Attorney.Losing a loved one is a difficult experience and nothing can alleviate its pain. A wrongful death claim can be a source of catharsis. It can provide a way for a decedent’s surviving family to hold the negligent party accountable for their loved one’s death. The decision to file a wrongful death case is a highly personal and emotional decision. Our skilled New York personal injury attorneys at K L Sanchez Law may be able to help you make an informed decision. We can provide you with your legal options and understand what you are entitled to under the law. Our team of experienced New York wrongful death attorneys is available for consultation. Call K L Sanchez Law today at (646) 701-7990 or fill out our online form to schedule a free consultation. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/what-is-the-difference-between-wrongful-death-and-negligence-in-new-york/ What Is the Difference Between Wrongful Death and Negligence in New York?Via https://accidentlawyer-queens.com/what-is-the-difference-between-wrongful-death-and-negligence-in-new-york/ In New York, our workers’ compensation system is designed to help an injured worker recover from a work-related injury or illness. The benefits include providing medical care, offsetting lost wages, and helping the worker get back to work. Although the system is meant to be simple, navigating it often requires the assistance of a workers compensation attorney to ensure that you are getting the benefit you deserve. An Overview of BenefitsWorkers’ compensation is meant to be a comprehensive set of benefits to allow a worker to get back on his or her feet and back to work. Benefits can be enacted quickly without the need to prove fault. At the same time, it also serves to protect the employer from litigation that may result from the injury or illness. These benefits include:
Maximum weekly benefits for an injured worker is two-thirds of the New York State average weekly wage for the previous calendar year. From the period of July 1, 2020, through June 30, 2021, that amount is $966/78 based on the average weekly pay of $1,450.17 determined by the New York State Department of Labor for 2019. How Long Can You Collect Benefits?The length of time that you are eligible to collect workers’ compensation benefits will vary depending on the degree of the injury, illness, or disability that is determined by a healthcare provider. When a worker has been determined to have suffered from a permanent total disability, there will be no limit to how long they will be able to collect benefits. For anything less than a permanent total disability, there will be a maximum number of weeks that a worker can receive benefits as set out by the 2018 impairment guidelines by the Workers’ Compensation Board. Before any determination is made regarding an injury or disability, there will be a medical evaluation to determine if the worker has reached maximum medical improvement and has recovered as much as possible from the injury. An injured worker is required to see a doctor every six weeks to establish that there is still a disability. However, you or your doctor may disagree with the insurance doctor’s findings. This is when having an experienced personal injury lawyer is essential. Eligibility for Worker’s Compensation BenefitsIt is important to keep in mind what New York’s Workers’ Compensation laws cover if you are injured at work. These laws provide clear guidelines for workers regarding their rights and obligations to seek compensation. However, you are not automatically eligible for benefits just because were injured at work. There are guidelines that must be followed in order for a worker to be eligible for benefits. New York’s compensation laws require that the injury-causing incident must fall into several categories. One of these categories includes the company you are working for in a capacity that is required to have workers’ compensation coverage. Another category that must be satisfied is that the injury or illness that the worker suffered occurred because of their job and while performing their work. It is also important for the worker to give their employer a written notice of the incident within 30 days of when it happened. In order to be eligible for the worker’s benefits, the employee must also provide a medical report that states that the injury or disability was caused by an on-the-job accident. Employers and insurance companies can possibly dispute the incidents even though they clearly qualify for compensation. To prove that you are eligible for benefits, it will be necessary to gather solid evidence with the assistance of doctors and to speak with an experienced construction accident attorney. What Happens if You Don’t Agree with the Insurance Company’s Doctor?Unfortunately, there are those times when your own doctor’s assessment of your disability is not in line with the insurance company’s doctor. In the past, you would be entitled to a hearing. Today, hearings are rarely held, but when there is a substantial difference in the opinion between your doctor and the insurance company’s doctor, it can be reviewed and decided by the Workers’ Compensation Board. Because negotiations often take place during workers’ compensation claim settlements, you should get the guidance of a skilled workers’ compensation lawyer. If you need help navigating workers’ compensation insurance benefits, get the advice of an experienced workers compensation lawyer in New York. Contact K L Sanchez Law Office, P.C. (646) 701-7990 Via https://accidentlawyer-queens.com/how-long-can-i-collect-workers-compensation-in-new-york/ |
ABOUT USIf an individual or their loved one has been involved in an accident, seeking legal representation is a crucial step towards receiving the compensation they rightfully deserve for their injuries. Especially in the borough of Queens, New York, where accidents of various kinds occur frequently, it is important to have the guidance of an experienced Queens accident lawyer. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Google Sites Yelp Justia Avvo Bloglovin Alltop Follow.it Feedspot TheOldReader Archives
November 2022
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