WORKERS COMPENSATION: THIRD PARTY ACTION

As a general rule, as we have stated previously, if there is a possibility of bringing a lawsuit against some party OTHER THAN one’s employer or co-worker (“THIRD PARTY ACTION”), for a injury sustained on the job, the recovery will almost always be greater than the worker’s compensation award that may be given, if both remedies are available. Without explaining the technicalities of liens that arise, we can summarize by saying that the injured party will usually have the luxury of keeping the greater of the two amounts. Often, there is no third party available to sue. Sometimes, there may not be Workers Compensation available to a worker, though he may think there should be. It can be a close call.

Example: A worker is on his way to a job site in his automobile and crashes with another vehicle. It is the other vehicle’s fault. The worker is very seriously injured. The other auto has only the minimum insurance coverage which is not nearly enough to fairly compensate the injured worker. Workers Compensation now becomes extremely important since the worker may be disabled for his entire life.

In New Jersey recently, it was decided that a worker, on a coffee break, WAS entitled to Workers Compensation.** The yardstick?: Was the activity of the worker at the time he was injured “within the course of his employment?”

In this case, even though the worker chose to drive five miles away from the work location for the coffee break, it was found that the diversion was caused by the worker having to wait for another person he was to meet, and the coffee break was a reasonable thing to do in the meantime. The result: the worker can get Workers Compensation for his severe injuries and will be covered for a lifetime disability. If it had been decided that the coffee break was NOT “within the course of his employment,” all the worker would have to look forward to was the small amount available under a limited automobile insurance policy…

Any time a “third party” may be involved in a work injury, it is absolutely essential that an experienced Personal Injury Attorney, in addition to a Workers Compensation Attorney, be consulted…A worker does himself a terrible injustice, and may subject himself to grievous financial damage, if he fails to heed this advice.

**Http://www.insurancejournal.com/news/east/2010/01/25/106840.htm

CONSTRUCTION ACCIDENTS IN NEW YORK CITY | 2009 UPDATE

Construction activity in New York City, as almost everywhere else in the nation, has experienced a drastic slowdown during this past year.  The reason is not difficult to fathom: the Recession, and the consequent constriction in financing by banks.

One piece of good news accompanies this fact: building sites reported THREE (3) fatalities in all of 2009.   That represents a downward spiral of 12 deaths in 2007 and 19 fatalities in 2008 !*

New York City Buildings Department – tougher enforcement caused decline in construction accident fatalities.

While the recession certainly had a major role in this situation, the officials in the New York City Buildings Department attribute tougher enforcement of rules as a contributing factor in the decline.It should be noted, however, that tougher enforcement was undoubtedly directly linked to the experience of two recent horrendous construction crane accidents.

In taking solace at the diminished number of fatalities at construction sites, the overall number of injuries at construction sites rose in 2009.  According to officials, this was mainly due to improved reporting of accidents.

It is vital to remember that construction site accidents virtually always involve THIRD PARTIES which may be responsible for recoveries, in addition  to WORKERS COMPENSATION recovery. Any construction  worker, involved in any accident at a construction site, should contact an experienced Personal Injury attorney immediately, so that his rights and interests can be fully protected.  A Worker’s Compensation attorney will also have to be contacted at some point.

*ClaimsJournal.com–Associated Press

ELEVATOR ACCIDENTS | WORKERS COMPENSATION | THIRD PARTY ACTIONS | NEW YORK LABOR LAW CASES

In an effort to repair an elevator in a five story cooperative in Manhattan, a repairman lost his life on Wednesday, January 13, 2010. While the exact method of the repairman’s death is not yet determined, speculation is divided between a fall in the elevator shaft or electrocution. The repairman was there to deal with tenant complaints of elevator misalignment with the floor, and with “squeaking” sounds.

Having died in the course of his employment, the representatives of the deceased will look to Workers Compensation for their remedy.

Without explaining the intricacies of the New York Labor Law, whether the repairman’s estate will have a viable THIRD PARTY lawsuit against the owner of the building, in addition to the Workers compensation claim, may well rest on a judicial determination as to whether a “repair”, as opposed to “maintenance,” was involved in the work being performed by the repairman at the time of his death !! The availability of a THIRD PARTY action could make a significant difference in the eventual amount recovered.

The laws surrounding injuries sustained by workers in the construction trades and allied fields are very protective but also very complicated at times.

The difference to the injured party and that party’s dear ones can be very substantial since, as an almost inviolable rule, THIRD PARTY actions result in recoveries significantly greater than awards under Workers Compensation.

An attorney with considerable experience in handling THIRD PARTY LABOR LAW cases is essential to safeguard the vital financial interests of those grievously affected by a worker’s accident. If you or your family member have been injured contact Orlow, Orlow, & Orlow today.

LADDER ACCIDENTS

As Construction Accident Attorneys in New York City, We see may different causes, but ladder accidents are significant. According to the Consumer Product Safety Commission there are over 164,000 visits to emergency rooms annually caused by ladder accidents.  Other sources quotes figures of over 500,000 such visits each year.
In an effort to make everyone aware of the root causes for these many injuries, here is a list of the most frequent reasons ladders cause accidents, in order of  frequency:

–Forgetting the rung position on the ladder while descending;
–Carrying materials while ascending or descending the ladder;
–Climbing without three points of contact on the ladder;
–Choosing the wrong ladder for a task;
–Not securing the ladder base to secure footing;
–Positioning the ladder on unstable surfaces;
–Working outside the ladder footprint;

Please pay careful attention to these cautionary tales of ladder accidents. We have helped many people recover substantial amounts after being injured in construction accidents, but no amount can make up for the loss of life or limb. Ladder Accidents Are Too Common. Don’t Allow yourself to be a victim. If you have been, consult an experienced attorney.