New York Injury Attorneys Blog

As a New York construction accident lawyer, I am familiar with the various Labor Laws that apply to accidents which cause personal injury on New York construction sites. For slip and fall or trip and fall accidents, Labor Law 241 is most often used. But Labor Law 200 is often overlooked.

Labor Law 200 requires landowners on construction site to provide workers with a reasonably safe place to work. An owner of real property has a duty to maintain the property in a reasonably safe condition, even while it is under construction. The Courts have recognized that landowners of construction sites in New York are required to correct dangerous conditions on construction sites.

While Labor Law 200 requires the owner to exercise control over the manner of the work where it is alleged that a dangerous method of work caused the personal injury. Labor Law 200 has two standards for determining a property owner's liability. The first is the authority to supervise the work when a plaintiff's injury arises out of defects or dangers in the methods or materials of the work. The second standard is applicable to worker injuries arising out of the condition of the property rather than the methods or manner of the work. However, control over the work is not required under Labor Law 200 based on a dangerous condition.

Under section 200, if a worker slips or trips and falls on a dangerous condition, for example, a slippery substance, unstable boards, or materials in the walkway, the landowner is liable if they knew or should have known about the condition and failed to remedy it. Stated differently, an owner of a construction site is responsbile when the owner created the dangerous condition causing an injury or when the owner failed to remedy a dangerous or defective condition of which he had actual or constructive notice.

New York construction accident lawyers who represent construction workers who sustain personal injuries should alternatively plead Labor Law 200 violations. Michael Joseph is a New York and Westchester construction accident attorney who has represented workers who sustain personal injury all over New York and Westchester, including the Bronx, Brooklyn, Queens, Manhattan, Yonkers, White Plains, New Rochelle, Ossining, Mamaroneck, Bronxville, Scarsdale and Hartsdale.

If you were injured in a construction accident, call the New York construction accident lawyers today.

As a New York construction accident lawyer, I have represented workers injured in construction accidents all over New York City including the Bronx, Brooklyn, Manhattan and Queens. The laws which protect New York construction workers were enacted by the New York legislature to place the responsibility for construction accidents on the general contractor and owner of the New York construction site.

Ironically, with the current economy dampening the amount of construction in New York City and White Plains the conditions which predispose construction sites to construction accidents have increased because owners and contractors are cutting corners to save money. Unfortunately when these construction project managers and owners cut costs, construction site safety is often the first thing cut. This often results in construction injuries caused by violations of New York's labor laws.

As a New York City construction lawyer, I have seen countless preventable injuries on construction sites, which have caused serious personal injuries and even fatalities. If you were injured on a construction site in Manhattan, Queens, Brooklyn, the Bronx or Staten Island, then New York's labor laws apply and you need to consult with an experienced New York construction accident lawyer.

As a New York Car Accident Lawyer, the most common question I am asked by clients who sustain personal injuries in New York car accidents or truck accidents is who will pay my medical bills.

Under New York Insurance law, the insurance company who insures the car you are in is responsible for paying your medical bills and any lost wages. If you were a pedestrian hit by a car, or truck then the insurance company for the car which hit you is responsible for paying your medical bills and your lost wages.

These benefits are not automatic. To receive them you must file a no fault application within thirty days of your car accident. If you fail to do this, the insurance company will probably try to deny coverage based on lack of notice.

As a New York and White Plains car accident lawyer, the second most common question I hear from those who sustain personal injuries in car accidents is will my insurance rates go up. Your insurance rights will not go up just because you claim the benefits you are entitled to. If you were at fault, your insurance rates may go up. But they will not go up just because you seek the benefits you are entitled to. You should never fail to seek the benefits because you are afraid of your rates going up. The reality is that if the rates are going to go up, they will go up anyway. Also, if you don't file the application in time, you may be unable to get the benefits you need. Even if you have other insurance, it will deny the claim in the end, because the car insurance company is responsible. Therefore, if you don't file the application, you may end up being responsible for the medical bills.

Michael Joseph is a car accident lawyer based in New York and White Plains, who represents personal injury victims all over the New York metropolitan area including the Bronx, Brooklyn, Queens, Manhattan, White Plains, Yonkers, New Rochelle, Bronxville, Ossining, Mamaroneck, Elmsford, Scarsdale, Hartsdale and Rye.

As a New York City Car Accident Lawyer, and New York truck accident lawyer, Michael Joseph has handled car accident cases and truck accident cases in the Bronx, Queens, Brooklyn, Manhattan and Staten Island. In any car accident case, you have to show prove both liability and a serious injury. This posting deals only with liability.

Michael Joseph is a New York car accident attorney who has won countless cases involving rear end collisions based on motion papers. As a general rule, in New York, a rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the following vehicle imposing a duty of explanation. A nonnegligent explanation for a car accident may overcome the inference of negligence. Evidence that the vehicle which was rear-ended came to a sudden and abrupt stop will defeat summary judgment. In multiple-car, chain-reaction accidents the courts have recognized that the operator of a vehicle which has come to a complete stop and is propelled into the vehicle in front of it as a result of being struck from behind is not negligent inasmuch as the operator's actions cannot be said to be the proximate cause of the injuries resulting from the collision

A growing number of Courts have held that it is not a sufficient defense to claim that plaintiffs' vehicle stopped short and have granted summary judgement even where there was a claim that the Plaintiff stopped short. Other Courts have carved out exceptions and held that where a defendant rear ends a slowly moving car, the impacted vehicle is entitled to summary judgement. The Courts have likewise held that where the defendant's testimony fails to provide a non-negligent explanation for a rear end collision, but merely offers excuses which strongly suggest that the defendant failed to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident, plaintiff is entitled to summary judgement.

Courts have also held that a wet roadway is not a sufficient defense to rebut the presumption of negligence from a New York car or truck accident involving a rear end collission because a driver is expected to drive at a sufficiently safe speed and to maintain enough distance between himself and cars ahead of him so as to avoid collisions with stopped vehicles, taking into account the weather and road conditions. In one noteable case the Court held that the Defendant did not offer any reason why, if the road were so slippery, plaintiffs were able to stop their own car safely when the car in front of them made a sudden U-turn. Thus a Defendant's excuse that he applied his brakes and his vehicle skidded into the plaintiff because the road was wet, is not a sufficient excuse to rebut a presumption of negligence caused by a rear end collision.

Michael Joseph is a car accident lawyer with extensive experience in handling car accident cases in all of New York City, and the Westchester towns, including White Plains, Yonkers, New Rochelle, Ossining, Port Chester, Bronxville, Elmsford and Mamaroneck.

As a New York City Injury attorney and a Westchester construction accident attorney, Michael Joseph has handled numerous cases involving repair workers who fall from ladders. These workers are covered under Labor Law 240. Labor Law 240 is also known as the New York ladder law

Labor Law § 240 imposes a duty on building owners to protect workers engaged in "the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure." If a ladder or other device slips, collapses or otherwise is not sufficient to prevent a worker from falling Labor Law 240 may apply and the injured worker is entitled to monetary compensation.

A large area of litigation is whether the worker is conducting a repair or routine maintenance. A repair of a broken or malfunctioning item is covered under Labor Law 240, but "routine maintenance" to prevent a malfunction is not covered by the law. Generally, the Courts have held that an activity is routine maintenance where the work involves replacing components that require replacement in the course of normal wear and tear.

To determine whether work is a repair or routine maintenance, the Courts analyze whether the item being worked on was inoperable or malfunctioning prior to the commencement of the work.

Michael Joseph has handled personal injury cases in the New York City metropolitan area including the Bronx, Brooklyn, Manhattan, Long Island, Queens and Westchester, including White Plains, Yonkers, New Rochelle, Bronxville, Ossining and Tarrytown.

Michael Joseph is a Westchester construction accident lawyer who has handled numerous construction accident cases in Yonkers, New York. I have noticed that in Yonkers, alot of home owners are doing construction projects to turn their homes into investment homes.

Michael recently obtained a half a million dollar settlement for an injured worker who fell from a make shift scaffold in Yonkers. As this trend continues, we will expect to see more construction accidents in Yonkers.

Unfortunately since these Yonkers construction sites are often not run like commercial sites, safety is being ignored and jobs are being done in a quick and careless manner. Michael Joseph is a Westchester construction accident lawyer who is based in White Plains and stands ready to fight for those injured in Yonkers construction accidents.

If you were injured in a Yonkers construction accident, you need a Westchester construction accident attorney to aggressively represent you.

As a New York Jones Act lawyer, I have seen numerous instances where the line between who is a Jones Act Seaman and who is a landworker are not clear.

Only seamen are entitled to sue for damages under the Jones Act. To prove "seaman status," an employee must establish his or her (1) "'employment-related
connection,'" (2) "'to a vessel in navigation.'"

An "employment-related connection" to a vessel exists if the "worker's duties contribute to the function of the vessel or to the accomplishment of its mission" and the worker's connection to the vessel must be "substantial in both its duration and its nature."

The Second Circuit has articulated factors to be considered in determining when a floating structure is a vessel in navigation within the meaning of the Jones Act: "(1) whether the structure was being used primarily as a work platform during a reasonable period of time immediately preceding the accident; (2) whether the structure was moored [or otherwise secured at the time of the accident; and (3) whether, despite being capable of movement, any transportation function performed by the structure was merely incidental to its primary purpose of serving as a work platform"

A barge is not a vessel where the barge lacks a means of self-propulsion, is being used as a work platform at the time of and for a reasonable period immediately preceding the accident, the barge was moored to a dock at the time of the accident, where it remained except when towed to drydock for biannual inspections and repairs, and the barge was not recently used to transport cargo across navigable waters. Basically if the transportation function of the barge is merely incidental to its primary purpose as a work platform, the workers are not Seamen, but rather are entitled to benefits under the Longshore Harbor Workers Compensation Act.

Michael Joseph has handled numerous construction accidents for undocumented workers. Michael Joseph has obtained fantastic results for these undocumented workers.

As a Westchester construction accident attorney, I am seeing more and more construction accidents involving undocumented workers. Many employers attempt to avoid their responsibilities to their injured workers by either promising to take care of them or have them deported.

The Workers Compensation laws protect undocumented workers regardless of their immigration status. Employers are required to report all injuries which require which require medical treatment. Also they are required to provide the injured employee with their workers compensation information.

If employers do not have workers compensation, the injured employee can sue them. Also New York Courts have permitted undocumented or illegal aliens to sue the land owners and general contractors for labor law violations. The New York Court of Appeals has held that undocumented workers can sue for their injuries. The only reason that immigration status can be introduced is for earning potential.

If you were undocumented and injured, do not be afraid to sue for your injuries. Michael Joseph is a White Plains construction accident lawyer who has represented undocumented immigrants involved in accidents in Yonkers, Mamaroneck, White Plains, Port Chester and Ossining.