New York Crane Accidents
Crane collapses and other crane accidents are always very serious, and these types of situations account for numerous injuries and deaths each year throughout New York. There are a variety of reasons why these types of accidents can occur, but there typically is always some kind of negligence, carelessness or a significant lack of supervision involved with these situations. This includes negligent crane design by the crane’s manufacturing company and the general lack of proper hazard warnings provided by a crane manufacturer. Our team of attorneys at Siler & Ingber, LLP are among the very best in all types of personal injury cases, and we’ve helped countless construction workers and their families throughout New York in terms of recovering the rightful compensation for their losses and overall damages. The most common reason why crane accidents occur is through the improper training of crane operators and maintenances workers, but we’ll always work diligently in terms of determining the responsible parties for any crane accident by figuring out the following: Whether or not the crane training provided a thorough evaluation of the crane’s general limitations, operation system characteristics, and potential hazards when improperly used. Whether or not the maintenance personnel and crane operators were sufficiently directed and supervised. Whether or not the crane’s manufacturing company clearly provided warnings about the dangers involved with using their product, and if the general design of the crane helped to avoid these known hazards as much as possible. Whether or not the crane owner adequately maintained the crane. Whether or not the crane owner obtained a written policy that required regular inspections and reporting of defects for immediate corrections. Whether or not the inspection and maintenance specifications provided by the crane’s manufacturer were followed. Whether or not the crane’s equipment was inspected prior to operations on a daily basis. Whether or not there were regular inspections conducted of the crane’s pulleys, cables, boom, sheaves, and boom stops. Causes and Prevention Methods of Mobile Crane Accidents One of the most common causes of mobile crane accidents is when the crane attempts to carry a load that’s simply too heavy for the machinery. This is why it’s crucial that no load that exceeds the crane’s rated capacity should ever be lifted. Workers often have miscommunication errors on construction sites and when using cranes in all capacities. This is why its’ always best to establish standard operating signals that are ubiquitously agreed upon and utilized during all times that the crane is in operation. Typically there will be a designated signalman who provides direct signals to the crane operator, but in certain situations, it may be required to utilize two signalmen to ensure the operator receives signals in a timely fashion. Another common cause of mobile crane accidents is the general inappropriate use of the crane’s equipment and faulty installation. There are countless prevention methods for these types of accidents, including: Using mats when operating on soft ground Using adequate slings determinant upon the specific load A foreman determining the proper sling before a lift is made Using guide ropes and taglines for loads that may swing Taking the proper precautions to protect workmen and other nearby structures Ensuring the crane’s hook is directly over the load to minimize strain Utilizing a closed hook or shackle when using swinging buckets A very serious hazard involved with all crane operations is the general contact with electrical power lines. The prevention methods for this common crane accident cause include: Maintaining a minimum of six feet between a boom and power lines Removing any interfering power lines during construction if possible Utilizing a safety guard at all times Lowering a boom to the ground overnight Common Tower Cranes & Unsafe Installations There are three fundamental types of tower cranes, including: Climbing Cranes Stationary Cranes Traveling Cranes A contractor is always going to be the one who installs the foundations for all three types of tower cranes, and the manufacturer will provide the general design and necessary basic information. This includes information like the horizontal and vertical loads, overturning and swing moments, and any other added variables that a construction company may need to know pertaining to the crane’s foundation. A whole array of safety controls is necessary when using tower cranes, and the manufacturer is responsible for many of these safety controls and must provide instruction logs and manuals. Before any tower crane installation is conducted the contractor must thoroughly review the construction site for a whole variety of hazards, and there must be professional coordination between contractors and operators if two or more tower cranes are to be installed at the same location. Negligent Inspection and Maintenance The manufacturer’s specifications must always be met when it comes to maintenance and inspection procedures, sequences and general frequencies. There should always be a full test of every function of a crane once it has been erected or extended prior to the actual operation. Test weights typically are used during this time. Test and inspection logbooks should record the results of all tests and inspections on every construction site, and theses records must include comprehensive dates, findings and the specific actions that were taken. Talk to One of New York’s Top Crane Accident Attorneys Siler & Ingber, LLP consists of some of the very best New York workplace injury lawyers, and our expertise shines brightly within crane accident cases. If you or a loved one has unfortunately suffered from an injury or died as a result of a crane accident, we’ll be able to help you and your family obtain your rightful compensation for the full amount of your damages. Contact us online to get a free case review of your specific situation, or give us a call directly at (516) 294-2666 for more information as to how we can begin taking the necessary first steps to assist you.
Emergency Vehicle Crashes: The Deadly Reality of Speeding
Emergency vehicles most often travel at high speeds when rushing to the scene of an accident. The safety of New Yorkers depends on the quick response time of these brave first responders. But no one benefits if an emergency vehicle causes additional crashes along the way. Car accidents involving emergency vehicles racing to a crisis happen more often than you think. National databases report thousands of accidents involving emergency vehicles every year, hundreds resulting in at least one fatality. High speeds required of emergency vehicles increase the likeliness of causing fatal injuries. First responders are some of the most honorable workers in the country, but they still have an obligation to protect others on the road. Residents of New York City and Long Island must be aware of what causes emergency vehicle crashes to crash and how they can avoid becoming a victim. Police Car Accidents Police car accidents result in the highest rate of fatalities among emergency vehicles. From 1996 to 2015, the Bureau of Justice Statistics reported an average of 355 people were killed in pursuit-related crashes per year. Speed and uncontrollable police chases are the two most common contributing factors: Speeding Police officers are one of the first to arrive at the scene of an accident for a reason. Their smaller vehicles allow them to swiftly zip through traffic easier than ambulances or fire trucks. However, speeding also makes police cars incredibly hard to see on congested roads, and even harder to move out of the way for. According to the AAA, speeding impairs a driver’s ability to control their vehicle, react timely to surroundings, and stop safely. It even reduces the effectiveness of the vehicle-occupant protection features. Police Pursuits Police officers are the only first responders who actively purse drivers violating the law. These chases most often involve dangerously high speeds and can occur on residential roads, city streets, or highways at any time of day. This undertaking ranks police officers as one of the most dangerous occupations in the nation, and not only for the officers themselves. Motorists who are avoiding police are not thinking clearly about the safety of others. They make risky maneuvers, putting surrounding drivers and passengers at risk of serious and fatal injuries. Following these reckless drivers at high speeds can also mean that police officers are risking the safety of others. Not only do they have to avoid the unpredictable behavior of the fleeing driver, but motorists must also anticipant the maneuvers of following police officers as they swerve out of the way. Firetruck Accidents Firefighters have the highest frequency of car accidents of any other first responder. In 2017, the National Fire Protection Association reported an estimated 15,430 collisions involving fire department emergency vehicles. These accidents occurred both while responding and returning from emergencies. The massive size and weight of a firetruck can have significant repercussions in the case of an accident. Rollovers accounted for 66 percent of fatal firetruck accidents. These types of accidents can easily lead to debilitating injuries when crushing a passenger car and the occupants inside. Firetrucks are not easy to maneuver at high speeds. When responding to an emergency, it can take nearly double the time for a firetruck to stop safely than a passenger car. If a fire truck is speeding, stopping, switching lanes, or swerving can prove to be fatal for the occupants of the vehicles around them. Ambulance Accidents In a 20-year study of ambulance accidents from 1992 to 2011, the National Highway Traffic and Safety Administration (N.H.T.S.A.) reported an average of 4,500 crashes annually. More than 34 percent of these accidents resulted in injuries, some with catastrophic results. An additional 33 people die from ambulance accidents every year. Of these, 63 percent were occupants of other vehicles. Like most emergency vehicles crashes, ambulance accidents most often occur in the purist of an emergency. At least 60 percent of accidents occurred while ambulances were on their way to help. High speeds combined with the heavy, bulky build of ambulances make them particularly dangerous on the road, especially in the case of a rollover accident or sideswipe. Passenger vehicles can experience significant difficulty moving out of the way in time for oncoming ambulances depending on the road conditions. Manhattan, Brooklyn, Bronx, Queens, and Staten Island are all known for congested, narrow streets. Ambulances citywide can put motorists, bicyclists, and pedestrians at serious risk if impeding on bike lanes or sidewalks to make it through. How To Avoid An Emergency Vehicle Accident First responders are not out to harm the public, but accidents happen. To help reduce your risk of getting into an accident, New Yorkers can follow these safety guidelines for driving safely around emergency vehicles. Stay alert. You can only make an educated decision on how to react safely to an emergency vehicle if you know they are coming. Stay alert to the cars and flow of traffic around you at all times. Reduce the noise. Music and loud passengers can drown out critical sirens needed to alert you that an emergency vehicle is approaching. Make a pullover plan. Never blindly pull over when an emergency vehicle is behind you. Determine the best course of action by using your mirrors and watching surrounding traffic to find the best place to move over. Slow down. Emergency vehicles will be traveling fast, but you don’t have to. Avoid speeding to maintain better control over your car and reaction times. Don’t follow to close. Leaving minimal space between your vehicle and the car ahead of you will decrease to room available for moving out of the way. Avoid tailgating whenever possible. New York City and Long Island Motor Vehicle Accident Attorneys First responders have a duty to protect civilians, including the ones on the road to an emergency. Responding to a crisis is no excuse to put surrounding New York residents in danger. If you or a loved one has been injured in a traffic accident caused by an emergency vehicle, our winning
Independent Contractor Injuries in New York
If you’re an independent contractor in New York then you have a good understanding as to how things tend to go wrong on the job, even when you scrupulously plan out every specific detail. Human error, faulty materials, and countless other factors can lead to accidents and subsequent injuries while on the job, which is why independent contractors should more than likely have their own customized insurance. The New York workers’ compensation board has even publicly stated that “Independent contractors may be required to maintain their own workers’ compensation insurance policy if they intend to work for other businesses.” It’s an unfortunate reality within New York that employers are not required to have a workers’ compensation plan for independent contractors, and that independent contractors, in general, are not covered by the ubiquitous workers’ compensation that construction company employees and employees everywhere are accustomed to. So, what is your recourse if you’re injured on a New York construction site as an independent contractor? It’s important for all independent contractors in New York to know the risks they take and their rights if they’re injured on the job, and in this article, we’re going to discuss workers’ compensation for independent contractors, independent contractors’ rights to an injury lawsuit, independent contractor insurance, and licensing laws. But no matter what, you’re going to need the assistance of a workplace injury lawyer if you’re a New York independent contractor who’s been injured on the job. Our team of attorneys is always here for you, so always feel free to contact us for a free case review so we can get the necessary information we need to begin putting your case into action. How is an Independent Contractor Defined? In New York, an independent contractor is defined as someone who provides goods or services to another under contractual terms or a verbal agreement while typically utilizing their own resources, tools and general processes. Independent contractors don’t necessarily work for an employer, but rather when any specific employer needs them, which subjects independent contractors to laws of agency. When Will Workers’ Compensation Benefits be Awarded in New York? Within most cases in which an independent contractor is actually covered through workers’ compensation, this may be the contractor’s only compensation option. The independent contractor will also not be legally required to prove that their injury was caused by anyone else’s negligent acts when utilizing workers’ compensation. Under these circumstances, an independent contractor will only need to prove that their injury occurred while working on the job within any capacity. There are some situations in which an injured independent contractor who’s covered by workers’ compensation could pursue a personal injury lawsuit that is separate from their workers’ compensation benefits. This is because employers aren’t always at fault for construction and general on-job injuries. There are third parties like delivery drivers, vendors, other independent contractors, engineers, equipment manufacturers, architects and so many other potential parties that could share some of the liability in terms of how a specific independent contractor injury occurs. Filing an Injury Lawsuit When any third party’s negligence leads to a workplace injury, there can be grounds for an independent contractor to file a personal injury lawsuit against that third party or their employer. This is partly why it’s so important for independent contractors to always get their injuries examined as quickly as possible by a healthcare provider, and then reach out to a personal injury attorney to discuss what their legal options are. Some general contractors on larger construction projects will have their own liability insurance that covers independent contractors, while other contractors may require independent contractors to carry their own insurance policies. This is part of the reason why it’s so important, especially on smaller projects, for homeowners and other contractors to only higher independent contractors who can show proof of personal liability insurance. How Do You Get Independent Contractor Insurance in New York? Independent contractor insurance will cover you for any type of damages and general payments that you ultimately cause, and this type of insurance is so crucial because independent contractors are typically not covered by any company’s insurance. There are generally two options in terms of obtaining insurance coverage, including: Being added to a general contractor’s General Liability policy, which essentially will mean that you’ll be covered by the contractor’s insurance while performing a specific job for that team. Obtaining your own General Liability insurance policy. All you’ll need to do in this type of situation is make sure it’s properly added into your contract so the business you’re temporarily working for understands you’re covered. How Do Licensing Laws Impact Personal Injury Claims? Licenses or permits may always be required depending on the type of project an independent contractor is working within, but it will almost always be difficult for unlicensed, noncompliant independent contractors to recover compensation after an injury. There are different permitting and licensing regulations throughout New York, so you are going to want to have one of our attorneys help explain how specific licensing rules may affect your specific situation. There are always going to be a variety of ways in which an independent contractor can be compensated, or left without any compensation at all. Typically, this will always come down to the applicable insurance policies, or lack thereof, in terms of determining what happens and whether or not an independent contractor will be financially supported or not. This is why we always will recommend that independent contractors carry their own liability insurance. Were You Injured Doing Independent Contractor Work in New York? Contact Us Today for a Free Consultation! The experienced team at Siler & Ingber, LLP are always here to help you determine your best course of legal action in the case of workplace injuries, and we’ll help you better understand if your specific situation qualifies for a personal injury claim. Contact us online for a free case evaluation where we’ll answer all your questions and provide our expert legal advice, or call us directly at
Amusement Park Dangers: What You Need To Know Before You Ride
More than 370 million Americans are planning to visit an amusement park this summer. Another 500 million will be attending local carnivals or traveling fairs. While most guests walk away from the experience with a thrill and smile, thousands could be visiting the emergency room to treat amusement park-related injuries. The Hidden Data on Amusement Park Injuries Organizations who promote amusement park safety continue to encourage visitors that injuries sustained from rides are slim and far between. According to the International Association for Amusement Parks and Attractions (I.A.A.P.A.), there are over 1.7 billion rides to experience at over 400 fixed facilities in North America, with only a 1 in 18 million chance of becoming injured. However, researchers from other safety organizations have found significant flaws in how amusement park injuries are measured and recorded. These deficits may be leading to tens of thousands of unreported injuries and unaddressed safety issues with hazardous rides. These are a few of the concerns: Skewed Injury Categories The I.A.A.P.A. places a large emphasis on hospitalizations caused by amusement park rides, but not so much on the minor injuries. According to CNN, over 30,000 people visited the hospital for ride-related injuries in 2016. These injuries ranged from broken bones, head trauma, or severe lacerations that were not included in the report because they did not require immediate hospitalization. Some injuries can also be incorrectly categorized in the hospital. A slip and fall injury that happened when a child was getting off a ride may only be recorded as a fall injury, further skewing the data needed to improve ride safety. Fixed vs. Mobile The 1 in 18 million chance statistic of becoming seriously injured at an amusement park also does not include mobile carnivals and fairs. This data is collected from fixed parks only, where rides are inspected more consistently. Mobile rides found at traveling carnivals are constantly being taken down and reassembled throughout the year. Every time a ride is taken down and shipped to a new location, the possibility of damage increases. This puts riders at a higher risk of injuries for equipment malfunctions during operation. Inconsistent Regulations Injury data acquired from amusement parks and carnivals are not as accurate as it should be. This is in part due to the regulation differences from state to state. According to Safer Parks, the U.S. Consumer Product Safety Commission only investigates accidents and helps to correct defects or hazards with rides on mobile attractions. Fixed amusement parks are regulated by the state and local entities they reside in- if they choose. Some states have no regulations when it comes to amusement park rides. While these states tend to lack fixed facilities, there is no regulation for carnival rides unless a problem occurs. New Yorkers who are avid thrill seekers do not have to stay away from amusement parks this summer to stay safe. Prevention is key when it comes to avoiding ride-related injuries You can significantly decrease your chances of preventable accidents by knowing the common injuries and the red flags that indicate a ride might not be safe. Common Ride Injuries A study by the Nationwide Children’s Hospital in 2013 found most amusement park and carnival injuries occur during the summer months. Approximately 20 children are treated every day for ride-related injuries between May and September. Around 28 percent of these injuries were sustained to the neck and head- two areas where damage can lead to long-term health consequences. The majority of reported ride-related injuries include bumps and bruises (29%); sprains and strains (21%); cuts (20%); fractures (10%); and other (20%). The ‘other’ category of this study is concerning. These accidents could be serious injuries such as brain injuries or spinal cord damage, or even catastrophic injuries such as amputations. And classifying the category as ‘other’ provides the misconception that the injury might not have been severe enough to list. How Ride Injuries Happen Most ride-related injuries are entirely preventable. In fact, the Nationwide Children’s study shows most kids become injured on rides simply from getting on and off! Other causes of ride-related injuries include: Falling on or against a ride (31.7%); Hitting their body on a ride or being hit by something while riding (17.7%); Catching a body part or their clothing on a ride component (7.2%); Getting on or off the ride (6.3%); and Being struck by ride, moving or stationary (2.6%). Amusement park rides are made with durable materials that are not necessarily comfortable when you’re being jolted, jumbled, and flipped around at high speeds. Even riders who use the safety restraints correctly can become injured from the force of a ride digging seatbelts into their abdomens and legs, or their head banging back and forth against over-the-shoulder safety devices. Children are especially susceptible to injuries on amusement park rides because they may not know the safest ways to position their bodies or prepare for upcoming turns and twists. They also have a false belief that rides are safer than they really are, unable to understand the consequences of failed inspections or malfunctioning parts. Inspection Slips Injuries are not always the fault of the rider. Several unsafe rides around the country continue to operate every year, even with known risks of injury and death. Parents should always be aware that just because a ride is up and running does not ensure its safety. In New York, these are the departments regulating ride attractions: New York State: New York State rides are regulated through the NYS Department of Labor. They are responsible for inspecting amusement park and fair rides outside of New York City and require that all rides have a permit to operate. New York City: New York City rides are regulated by the city and must be licensed to operate. Licenses depend on the type of ride and duration of stay, and portable rides must be inspected each time they relocate. If parents are concerned about any ride they are seeing in operation, say something. Unsafe rides are only
What to do if an Insurance Company Refuses to Pay an Auto Claim
Just about everyone is involved in a car accident at some point in their lives, and your specific accident case may have been caused by your own negligence or the negligence of another driver. In the instance that it was another driver’s fault, it’s their insurance company that should cover your injury costs, and compensate you for car repairs or a replacement car of similar value. But there frequently are unfortunate scenarios in which an individual has a valid auto claim, but the other driver’s insurance company refuses to pay for it. In these situations, it’s imperative to get involved with an experienced auto insurance lawyer, and our team at Siler & Ingber, LLP has handled countless cases of refused claims. We know exactly how insurance companies are motivated towards compensatory action, as well as their tactics to slowly settle or decline payments altogether. By working with one of our auto insurance specialists we’ll be able to protect your rights against shady adjusters and ultimately resolve your auto claim. In this article, we are going to go over some of the ways in which we work with our clients to resolve their claims, and the key aspects of these situations you should know about. Profits Over People The very first thing people should realize in the situation when an auto insurance company refuses to pay an auto claim is that insurance companies solely work for a profit. They are never going to put people or altruism in general ahead of their bottom line, and by understanding how insurance companies work you can in turn correctly retaliate to any type of payment refusal. All insurance companies will do just about anything to keep their money in certain types of investments instead of paying out claims, and they’ll only actually respond in these types of situations via profit-loss punishments. Once you begin to fully understand their business methodology you can then figure out how to go forward with handling their tactics to refuse your auto claim. Ask for an Explanation Most insurance companies will always support their policyholder, so in the situation in which you were involved in an accident that wasn’t your fault you could many times find out that an insurance provider will not even begin to help you until they hear their policyholder’s version of what happened. When the company denies the auto claim even though there’s evidence that you weren’t at fault, you’ll have to directly contact them and provide all the evidence you have. This type of evidence can include things like the police report, recorded statements and eyewitness testimonies that support you. If you still cannot make any type of progress with the insurance company then you should ask (and record) them to explain how they believe the accident happened. Threatening Their Profits We’ve discussed how insurance companies put profits over people, so it makes sense that you’ll have to threaten their profits in some way when they refuse to pay an auto claim in order to get a response from them. In order to effectively put their profits at risk, you’ll need the assistance of an experienced insurance lawyer, which is where we come in. What we’ll end up doing is give the insurance company all the necessary documents that will help them fairly evaluate the auto claim, and then set a very firm payment deadline. When you threaten their profits you’ll likely motivate them to pay the full value of your auto claim, and this is predominately because they don’t want to deal with insurance lawyers and the time and money it takes to actually evaluate your auto claim. Utilize Your Policy There are circumstances in which your own insurance provider will compensate you for damages when another driver’s insurer isn’t willing to cooperate, and this predominately applies to having collision coverage. If your policy does have collision coverage included then your insurer should more than likely be able to fully pay out the claim when things get a little tricky. When this kind of situation occurs your insurance company will then undergo subrogation, which is their process of recovering some or all of the claim’s expenses from the other driver’s insurer. Mediation and Small Claims Court It may depend on where you live, but if your auto claim amount is somewhat small then you’ll have the option to take the uncooperative insurance provider to small claims court for a solution. It’s always best to have an attorney on your side throughout this entire process to ensure everything goes smoothly during the mediation process in which a third party will hear both sides of the case and make a decision. Filing a Lawsuit Over an Auto Claim It may come down to you and your attorney resorting to filing a lawsuit against the insurance company in order to get your rightful compensation, and this process always requires the hiring of an experienced insurance lawyer. The specialists at Siler & Ingber, LLP are more than capable of getting you to a favorable settlement or judgment by presenting your valid case in court, and by getting in touch with us shortly after your accident you can be rest assured that you are meeting all of New York’s statute of limitations and other document filing requirements. Contact Us Today for a Free Consultation If you or a loved one is dealing with an insurance company that is unwilling to pay out an auto claim that’s derived from an accident that wasn’t your fault, you are more than likely eligible to file a lawsuit to get your rightful compensation. As we’ve discussed above it’s much more complicated than simply filing a lawsuit right away, and by joining forces with our team of respected insurance attorneys you’ll be in a much better position to put the right type of professional pressure on insurance companies and their adjusters to get the results you deserve. Contact us online or call us at 516.294.2666 for a free consultation.
New York Saw & Cutting Blade Accidents
About one out of ten construction workers suffer from a long-term or permanent disability injury, and unfortunately injuries from cutting blade and saw accidents are one of the most frequent construction worker injuries throughout New York. These types of accidents many times result in serious hand and feet injuries, as well as the amputation of fingers. Sometimes cutting blade or saw accidents are so severe that they prevent construction workers from ever working again. There’s no denying how integral sawing and cutting is to all aspects of construction, which is why these types of injuries are so common. Although all construction workers are aware of the inherent dangers that cutting tools and machinery pose, even the most experienced construction workers can be injured while working with bladed machinery. At Siler & Ingber, LLP, we understand just how quickly your life can change as the result of a serious accident, and we handle countless personal injury cases involving power tools for construction workers and within other settings. If you or a loved one has suffered losses or harm as a result of a saw or cutting blade injury, our team of construction accident attorneys can assist you in navigating the necessary steps towards receiving your rightful compensation. Dangerous Equipment Leads to Serious Injuries Power-driven saws are used for all sorts of purposes on construction sites, including cutting through materials like metal, wood, concrete and so much more, which is why they are always present on all construction sites. Unfortunately, saws and cutting blades generally pose significant risks to everyone involved on construction sites, including anyone who’s simply traveling by a construction site. Every cutting blade injury case is unique in terms of the circumstances and machinery that’s involved, but the most common types of injuries in blade and saw accidents include the following: Amputation injuries (finger(s), hand, toes, etc.) Severe disfigurement, lacerations, and disabilities Eye injuries and/or loss of vision Burn injuries Traumatic brain injuries Falling objects Electric shock Slip and fall injuries Fatal injuries/wrongful death Common Causes of Saw Injuries on New York Construction Sites Cutting accidents of all types happen due to an entire array of reasons, including improper saw usage, improper maintenance, using damaged or defective blades, and much more. The most common saw types that create construction site injuries include the following: Table-mounted circular saws — Table saws are typically utilized for any type of straight sawing, and the most common injury is a result of the saw operator’s hand(s) coming too close to the spinning blade while maneuvering the material that’s being cut. Another common cause of injury with table saws is when the blade “kicks back” any type of material into the worker’s body or face. Skill saws — Skill saws are handheld circular saws that pose even more hazards due to their portability. The versatility of this particular power tool is what unfortunately makes it very likely to cause user injuries. Many times the spinning blade may not be adequately guarded, which can lead to the blade striking a worker all throughout the body and potentially leading to fatal consequences. Band saws — Band saws utilize flexible blades that run between pulleys, and injuries are much less prevalent with band saws as opposed to table saws. But what’s unfortunate about band saws is that almost all the injuries with this type of saw involve direct hand contact with the moving blade. Jigsaws — Jigsaws move rapidly up and down across a cutting surface, but if the saw isn’t properly guarded a worker can very easily suffer finger and hand injuries while cutting or simply removing debris from the table. Failure to Maintain Guards on the Saw The failure to maintain guards on a construction site saw is by far one of the most commons causes for cutting accidents within New York construction sites. The New York State Department of Labor has recognized the inherent dangers of unguarded power saws and has since created a specific Industrial Code addressing this issue. Industrial Code 23-1.12(c) specifically says, “Every portable, power-driven, hand-operated saw which is not provided with a saw table, except chain saws and circular brush saws, shall be equipped with a fixed guard above the base plate which will completely protect the operator from contact with the saw blade when the saw is operating and with a movable self-adjusting guard below the base plate which will completely cover the saw blade to the depth of the teeth when such blade is removed from the cut.” Who Should be Held Legally Responsible for Cutting and Saw Accidents? The severity of saw accidents tend to lead to costs that aren’t fully covered by workers’ compensation, and for the most part employees in this situation cannot sue their employer. But, there are situations in which victims of saw accidents are eligible to file third-party lawsuits against any specific parties who did, in fact, lead to the causation of the injury. Some of the individuals and entities that can potentially be held legally liable for construction saw accidents include the following: Contractors or sub-contractors — If a construction worker was working with any kind of negligent party with a different employer, then this person could potentially be found financially responsible for the saw or cutting blade injury incurred by the employee. Some of the more common examples of this type of negligence include removing safety guards, engaging in horseplay, leaving dangerous machinery unattended, not performing proper maintenance and failing to adhere to all established safety regulations. Independent safety inspectors — The Occupational Safety and Health Administration (OSHA) has established requirements that all power tools be equipped with adequate safety guards, all machinery be maintained for proper working conditions, and that all heavy machinery operators be trained before conducting any type of cutting or sawing activities. There are certain instances in which an employer may have relied upon negligent advice from an OSHA inspector, and in these cases, the inspector could potentially be held liable for failing to identify
National Safety Month
June Is National Safety Month! Accidents causing fatal injuries can happen at any time, anywhere. Whether you’re at home, work, or out in the community, everyone is at risk for accidents when people neglect the safety of others. For the first time in history, accidental injuries are the third leading cause of death in the nation. In a report issued by the National Safety Council (N.S.C.) last January, there were 14,803 more accidental fatalities in 2016 than the previous year, a 10 percent increase from 2015. In 2017, a total of 47.2 million injuries were reported that resulted in 169,936 fatalities from preventable accidents- approximately 466 deaths every day. National Safety Month is a campaign observed every June to focus on reducing the leading causes of accidental injury and death across the United States. All accidents are preventable with the right safety measures in place. Here’s what Long Islanders need to know to keep their families safe this season. Leading Causes of Accidental Deaths By Age Every age group is susceptible to specific hazards that can lead to unintentional fatalities. Where teens may be more at risk for car crashes as they learn to drive, adults over 65 are more at risk for fall injuries as their bodies continue to age. According to the N.S.C. Injury Facts, these are the leading causes of accidental death for each age group and the annual number of deaths they contribute to: Infants < 1 : Suffocation (1,125 deaths); 1 to 4: Motor Vehicle Accidents (400 deaths); 5 to 14: Motor Vehicle Accidents (800 deaths); 15 to 24: Motor Vehicle Accidents (3,500 deaths); 25 to 34: Drug Overdose (8,900 deaths); 35 to 44: Drug Overdose (8.500 deaths); 45 to 54: Drug Overdose (10,100 deaths); 55 to 64: Drug Overdose (6,400 deaths); 65 to 74: Falls (4,000 deaths); 75 to 84: Falls (8,000 deaths); and Adults < 85: Falls (15,000 deaths). Besides age, occupation, gender, and location can also affect an individual’s risks of preventable death. Females are more likely to die from accidental falls (31%) as compared to men who are more likely to die from accidental poisoning (31%). New York’s top three leading causes of unintentional death include poisoning (35%), falls (25%), and motor vehicle accidents (22%), while other states such as Texas, have the same leading causes reversed: motor vehicle accidents (38%), poisoning (24%), and falls (19%). To identify your family’s top safety risks, use the N.S.C.’s Safety Check Up Tool to identify your unique hazards and how to beat the odds to prevent injuries. National Safety Weeks Each month of June is dedicated to a different safety topic addressing the leading causes of unnecessary accidents. It’s important for Long Islanders to understand the dangers of each hazard to help keep their families and communities safe: Week 1: Hazard Recognition Learning how to spot hazards in your workplace, home, and community is the first step to preventing accidents. Paying attention to factors such as lighting, air quality, temperature, and exertion levels can help you anticipate where accidents might occur and what safety measures will be useful. Week 2: Slips, Trips, and Falls Slips, trips, and falls are no minor accidents. Serious falling accidents can result in traumatic head injuries and spinal cord damage depending on the force and angle of the impact. Looking out for hazards that could cause a slip, trip, and fall accident can drastically decrease your chance of an injury. Removing obstacles such as spills, clutter, and bulky equipment are great places to start. If you cannot remove the hazards yourself, report the incidents to a supervisor or property owner. Week 3: Fatigue You shouldn’t be sacrificing sleep for work or entertainment. Fatigue can lead to a decrease in productivity, accuracy, vigilance, and judgment. The effects of lack of sleep can also make you more prone to accidents leading to preventable deaths such as motor vehicle crashes, occupational injuries, and falls. Week 4: Impairment Focus is critical, particularly at work or behind the wheel where staying alert could mean the difference between life or death. Staying in control of your actions means reducing impairments that could cloud your ability to judge safe situations. Fatigue, drugs, alcohol, and emotional distress are the most common impairments leading to accidents. Focusing on your overall health will reduce your chances of making poor decisions that could lead to unnecessary fatalities throughout the day. How To Get Involved There are plenty of ways Long Islanders can do their part in spreading awareness and holding their community accountable for prioritizing safety. Some include: Distributing flyers and other N.S.C. educational materials; Holding trivia contests with weekly prizes at home or work; Creating social media posts, blogs, and newsletters to spread awareness to friends and neighbors; Encouraging others to take the SafeAtWork pledge; Throwing a safety fair or event in your neighborhood; or Making a donation to N.S.C. to support the ongoing safety efforts. New York City and Long Island Personal Injury Attorneys At the law firms of Siler & Ingber, our dedicated team has been standing up for victims of preventable injuries for over 20 years. We understand the complexity of personal injury cases and the laws associated with protecting the rights of citizens in our communities from unnecessary dangers. If you or a loved one has been injured, our winning team of personal injury attorneys is here to support. Contact us today at 1-877-529-4343, or schedule an appointment online.
100 Deadliest Days of Summer
These Are The 100 Deadliest Days of Summer Teen drivers face more hazards during the summer months than at any other time of the year. According to the AAA, teen drivers are three times more likely to be in a fatal car accident from the end of May to the beginning of September. An average of 10 people a day die in traffic accidents involving teen drivers in summer and 50 percent of these crashes involve only one vehicle. While accidents happen, most of these fatalities were the result of reckless driving and 100 percent preventable. The consistent uptick in teen fatalities during the summer has resulted in a terrifying nickname for the stretch between Memorial Day and Labor- the ‘100 Deadliest Days.’ Long Island parents must be aware of the risks their teen drivers can encounter on the road this season. Promoting safe driving behaviors can significantly reduce your teen’s reckless driving habits and their chances of a fatal traffic accident in the future. Teen Driving Fatality Facts Vehicle crashes have been the leading cause of death among teens for decades. In 2017, a total of 2,734 teenagers ages 13 to 19 died in car crashes according to the Insurance Institute for Highway Safety (I.I.H.S.). Over 1,200 of these fatalities occurred within the 100 Deadliest Days. July was the most dangerous month for teen drivers, totaling 272 fatalities in 31 days. Some days of the week are safer for teen drivers than others. Over half of teen driving fatalities in 2017 occurred on the weekends. Of the 2,734 fatalities reported: 399 occurred on a Friday; 506 occurred on a Saturday; and 478 occurred on a Sunday. The time of the day your teen is driving matters when it comes to their safety. Nearly 50 percent of fatal teen driving accidents occurred between the hours of 9 p.m. and midnight (474 fatalities), 6 p.m. to 9 p.m. (442 fatalities) or 3 p.m. to 6 p.m. (444 fatalities). Summer Reckless Driving Trends Teen drivers account for a small percentage of motorists on American roads. Their crash rates, on the other hand, are through the roof. According to the Center for Disease Control and Prevention (C.D.C.), these are the risk factors leading to teen driving accidents in the summer: Inexperience: Teens are more likely to underestimate deadly driving habits than adult drivers, taking more unnecessary and aggressive risks. Speeding: Teen drivers are more likely to speed and leave shorter headways. Speeding is responsible for 31 percent of teen driving fatalities. No Seatbelts: Teens have the lowest rate of seatbelt use among all driving. About 66 percent of teens who die in a car accident are not wearing a seatbelt. Drinking and Driving: About 25 percent of car crashes involve an underage drunk driver. Teens are 67 percent more likely to try their first drink over the summer and lack the understanding of how substances affect their bodies. Driving Distracted: Distractions on the road are responsible for six out of ten vehicle crashes for teen drivers. Loud music, extra people in the car, and electronics can all take a teen driver’s attention from the road. Cellphones: Studies show teens in the current generation are far more likely to use their cellphones when driving. Over 94 percent of teens admit texting and driving is dangerous, yet, over 35 percent admit they do it anyway. Preventing Teen Driving Fatalities Spreading awareness about the 100 Deadliest Days is the first step to preventing teen fatalities this summer. Long Island parents can do their part by reviewing the driving statistics with their teens and encouraging safe driving habits year round. Addressing these safety topics can help get the conversation started: Buckle Up: Driving or riding without a seatbelt is deadly and against the law. Make sure your teen knows to buckle up every time they get into a car as a driver or a passenger. Limit Distractions: Review the most common distractions teens fall victim to behind the wheel. Establish car rules that discourage the use of electronic devices, loud music, or too many passengers to keep your teen alert. Put The Phone Away: Some parents ask their teens to put their phone out of sight and out of mind. If this method doesn’t work, utilize free apps to prevent cellphone use while driving. Encourage Sober Driving: Educate your teen on the dangers of driving while impaired. Review the zero-tolerance laws in New York and the deadly consequences. If they do drink, create a safety plan for how they will get home. Make Adjustments: Most teens don’t know how to prevent fatal airbag injuries. Parents should show their teens how to adjust the steering wheel, seat, and mirrors for the ultimate protection when driving. Create a Driving Contract: Consider creating a Parent-Teen Driving Contract with your teen. Setting ground rules will show your teen you are serious about their safety and encourage them to think twice about risky behaviors. Be Your Teens Driving Role Model You can advise your teen on safe driving until you’re blue in the face. But the most significant impact you can have on your teen driver is to show them. Check your driving behaviors for speeding, aggressive maneuvers, or distractive habits. Most teens get their first driving lesson watching their parents from the backseat. Teach your kids early about the dangers of reckless driving and remind them it’s a privilege that can be lost.
Long Island Hospital Grades
The Best Hospitals On Long Island 2019 If you get injured over the holiday weekend, you might want to think twice about which hospital you visit. The Leapfrog Group recently ranked hospitals in New York at 43rd in the nation for health and safety. Only 11 out of the 146 hospitals evaluated received an A-rating, with merely three located on Long Island. Hospitals with advanced equipment and high rated doctors are not always considered safe. Even the best medical centers are capable of making fatal mistakes when safety measures are neglected. Medical errors are the third leading cause of death in the country, resulting in over 400,000 patient deaths every year, according to John Hopkins University. Hospital mistakes during care can occur for several reasons, some including: medication errors; lack of communication; lapses in hospital organization; technical failures; or staffing shortages. When hospital safety issues are not addressed, patient injuries and fatalities soar. Long Islanders should be aware of which hospitals in their community are falling behind in health and safety measures to avoid becoming a victim of medical negligence. Knowing the local hospitals you can trust in the case of an emergency could save your life or the life of someone you love. Long Island Hospital Grades Leapfrog reviewed a total of 23 medical facilities across Nassau and Suffolk Counties. Over 65 percent of the hospitals received an average rating or below, while only three achieved a satisfactory A-rating. Here is the full list of Long Island hospitals reviewed for each county and how they scored: Suffolk County Mather Hospital, Port Jefferson (A) St. Charles Hospital, Port Jefferson (A) Northwell Health – Huntington Hospital, Huntington (B) Good Samaritan Hospital Medical Center, West Islip (B) St. Catherine of Siena Medical Center, Smithtown (B) Northwelll Health System – Southside Hospital, Bay Shore (C) Stony Brook University Hospital, Stony Brook (C) Peconic Bay Medical Center, Riverhead (C) Southampton Hospital, Southampton (C) Eastern Long Island Hospital, Greenport (C) Brookhaven Memorial Hospital Medical Center, Patchogue (D) Nassau County St. Francis Hospital, The Heart Center, Roslyn (A) NYU Winthrop Hospital, Mineola (B) North Shore University Hospital, Manhasset (B) Northwell Health System – Glen Cove Hospital, Glen Cove (C) Long Island Jewish Medical Center, New Hyde Park (C) South Nassau Communities Hospital, Oceanside (C) Long Island Jewish Valley Stream, Valley Stream (C) St. Joseph Hospital, Bethpage (C) Northwell Health System – Plainview Hospital, Plainview (C) Northwell Health System – Syosset Hospital, Syosset (C) Mercy Medical Center, Rockville Centre (D) Nassau University Medical Center, East Meadow (D) The Leapfrog Group assigns their grades by scoring each hospital on 28 performance measures split between five categories: infections, problems with surgery, practices preventing errors, safety problems, and staffing (doctors, nurses, etc.). All measures chosen are essential to maintaining patient safety, but Leapfrog identifies the following three measures as critical – hand washing, infections in the blood, and patient fall rates. If your hospital does not score well in these areas, you might want to consider switching to another before you need medical care. Why The Grades Matter Not all hospitals are safe. Hospitals are large institutions with thousands of revolving patients and staff. When these facilities allow safety measures to lapse or remain unaddressed, medical errors can spiral out of control. Preventable mistakes caused by negligence can be reduced if hospitals follow safety protocols and preventive measures, but they can’t always do it alone. The Leapfrog Group has been utilizing their hospital grading system to guide medical facilities for almost 20 years. Some hospitals lack the understanding of how to address safety measures, while others are unaware of when their methods have been ineffective. By giving hospitals a letter grade, these facilities have a goal to strive towards. Grading systems help hospitals identify their areas of need to provide the quality care their patients expect and deserve. Help Keep Your Family Safe Until more hospitals and medical centers on Long Island improve their safety measures, patients must learn to advocate for their health. Leapfrog recommends following these three steps to keep you and your loved ones safe during a hospital stay: Learn how to prepare for the hospital: If you know you will be staying in the hospital, learn what to look for. Ask questions about your medications, treatment, and procedures to help check for errors. Talk to your doctor: Don’t be afraid to ask your doctors and about how they respond to medical errors. Ask your doctor to describe the plan if something goes wrong during your procedure. Having a loved one present during these conversations can also be helpful. Review patient resources: Leapfrog provides tons of resources patients can use to take control of their health. Click here for more information on patient resources and tools. New York City and Long Island Medical Malpractice Attorneys At the law firm of Siler & Ingber, our dedicated team has been standing up for the medical rights of patients in New York City and Long Island for over 20 years. We understand the complexity of medical malpractice cases, and the laws associated with the duty of care medical facilities are obligated to provide. If you or a loved one has been injured or died due to medical negligence, our winning team of medical malpractice attorneys is here for support. Contact us today at 1-877-529-4343, or reach out online to schedule an appointment.
Dog Bite Injuries
Dog Bite Season Is Here! Dog bites are not an injury to take lightly. Not only are dog attacks entirely terrifying, but the bites from these incidents can lead to serious injuries and infections. In severe cases, dog bite victims may have to endure years of painful recovery treatments and surgeries. And in the worst cases, victims may not survive long enough to seek treatment for their injuries at all. According to the Center for Disease Control and Prevention (C.D.C.), an estimated 4.7 million dog bites occur in the United States every year- one bite every 75 seconds. Of these attacks, around 800,000 people require medical care for their injuries, sometimes spending hundreds of thousands of dollars on reconstructive surgery that could have been prevented. As the weather continues to get warmer, more dogs will be out in our communities. It’s essential for every Long Island and New York City resident to know the facts when it comes to dog bites, how to prevent them, and what they can do to reduce serious injuries when attacked. Knowing these facts could help save your life or the life of a loved one in the case of a sudden attack. Dog Bites Cause Serious Injuries Around 36 percent of the American population owns at least one dog, creating millions of opportunities for painful and traumatic bites. Despite the belief that dogs only attack when provoked or trained to be dangerous, some dog breeds are more prone too aggressive behaviors than others, and all animals can be unpredictable. Every day, over 1,000 citizens require emergency medical care to treat dog bite injuries, according to DogBite.org. Depending on the depth of the bite, the area of the body bitten, and the age of the victim, a dog bite can cause permanent damage and long-term health consequences patients may never recover from. Dog bites injuries can range from mild to severe, including: skin damage; deep lacerations; scarring; broken or fractured bones; nerve and muscle damage; infections (rabies, tetanus, MRSA, Pasteurella, capnocytophaga); and severed limbs. Infections are one of the most serious risks facing patients who survive the initial attack after a dog bite. At least one in every five dog-bite victims contract an infection, and the results can lead to health conditions far worse than the actual bite itself. Dog Bites Can Be Fatal Sadly, encountering man’s best friend under the wrong set of circumstances could be deadly. Whether it’s from the catastrophic injuries to the body during the dog attack itself, or a secondary infection causing fatal complications, not everyone will survive a dog bite. The statistics do not lie- the breed of a dog does matter. In 2018, there were at least 39 fatalities nationwide resulting from dog bites according to DogBite.org. The breeds responsible for the fatal attacks included pit bulls (26 deaths), mixed-breed (3 deaths), Rottweiler (2), Mastiff/Bullmastiff (2), Dogo Argentino (2), beagle (1), chihuahua (1), German shepherd (1), and wolf-dog hybrid (1). Unsurprisingly, pit bulls made up 72 percent of fatal dog bites last year, even though they only contribute to 7 percent of the U.S. dog population. In a 14-year study of dog bite fatalities between 2005 to 2018, of the 471 Americans killed, pit bulls were responsible for 66 percent of the deaths overall. Here was the breakdown: Pit bull (311 deaths); Rottweiler (47 deaths); German shepherd (20); Mixed-breed (20); Mastiff/Bullmastiff (17); American Bulldog (15); Husky (13); and Combination of 35 dog breeds (less than 9 each). Regardless of how friendly and sweet these dogs can be, there are far too many dangerous pit bulls in our communities not to keep resident on high alert. Dogbite.org reports pit bulls are 2.5 times more likely to bit in anatomical locations, looking to cause significant damage in their attacks and resulting in a high number of fatalities. In addition to being more likely to attack unknown individuals without provocation, pit bulls are more likely than other breeds to attack their owners. Only 2 percent of the inflicted dog bites between 2005 to 2009, rising to 14.7 percent from 2015 to 2018 with the adoption of more rescue pit bulls. Dog packs can also pose a far higher fatality rate for victims than the actions of a single dog. At least 10 out of the 19 deaths related to dog-attacks was the result of up to 7 dogs attacking one human at a time. The breeds of these attacks included pit bulls, pit bull mixes, mixed-breeds, shepherd- mixes, boxer mixes, American bulldog-mix, and Rottweilers. The more dogs someone owns, the higher their risk for dog bites. Adults with two or more dogs are five times more likely to be bitten by dogs, regardless of how well a dog listens or loves their owners and family. Children Are Most At Risk Unfortunately, children are far more likely to get bitten by dogs and sustain fatal and severe injuries compared to adults. In DogBite.org’s annual fatality reports, 15 of the 39 attacks in 2018 and 7 of the 19 attacks in 2019 were children- the youngest only 6-months of age. The most concerning factor with these child attacks is that the dogs biting children are not always strangers. Over half of the dog bite incidents occurred within the home of the victims and involved the pets of their parents or other family members. A study published in the Journal of Otolaryngology-Head and Neck Surgery shows children are at a higher risk of suffering injuries to head, face, and neck in the case of a dog attack, areas which prove to be more fatal in a dog attack. Children are also far less likely to know how to use defense mechanisms in the case of an attack, leaving them open and vulnerable to catastrophic results. What’s The Law New York residents have rights to a safe community without the fear of being mauled by aggressive dogs. Owning a dog is a privilege in the state, not a right, and there are laws that
