Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with personal injury

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New York Personal Injury lawyer Anthony GairNew York Personal Injury Attorney Christopher DonadioOur NY Construction Accident law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1 million settlement in a construction accident that occurred in New York. The case involved an incident that occurred on a construction site in Manhattan. The plaintiff, who was a worker on the job site, suffered a crush injury to his thumb when a small crane (known as a “gin pole”) failed, and caused a several hundred pound motor to fall on to the plaintiff’s hand.

Due to the incident, the plaintiff was taken by ambulance to the hospital. At the hospital, the plaintiff was diagnosed with a crushed thumb on his non-dominant hand. As a result of the injury, the plaintiff required three surgical procedures to his thumb, including a revascularization procedure and a skin graft.

An action was brought in New York County, Supreme Court, against the general contractor of the construction project, and the owner of the construction site. The action was brought under New York Labor Law §240(1). The Labor Law of New York §240(1) provides that:

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Construction_AccidentAmong the 350,000 construction sites who were required by OSHA to electronically file their annual injury and illnesses log summary by December 31st only 153,653 complied.  61,000 construction sites that were not required to provide electronic records did it anyway. Almost 200,000 work sites  didn’t comply with OSHA’s new electronic record keeping rule. It is not exactly clear why so many companies didn’t comply with the new rule. Some companies may have believed they were exempted, some thought that the deadline would be extended one more time. Other employers didn’t want their data to be published online as the new rule requires it.

Technically OSHA now has  until June 15 to visit the 200,000 locations that violated the rule. Companies who didn’t file may risk up to $12,934  in penalties. Companies who can demonstrate they had difficulty filing electronically as well as companies who can provide a paper copy of their report may be exempted from a fine.

According to Construction Dive, some experts believe that OSHA wasn’t aggressive enough in its compliance effort.

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one of the vehicles recalledIn April 2016, Polaris recalled a potentially defective recreational off-highway vehicle so it could be repaired. The model recalled was the Polaris RZR. The company recalled it after they received more than 160 complaints that some of the RZR models caught fire as consumers were driving. A 15 year old passenger died and 19 people reported injuries such as first, second and third degree burns.

Last December Polaris and the Consumer Product Safety Commission announced that after the repair consumers continued to report fires. These fires have caused death, serious injury and property damage. Additionally new models launched by the company in 2017 have also experienced fires.

If you, a friend or a family member owns a Polaris RZR, please stop using it and contact Polaris at 800-POLARIS or 800-765-2747 from 8 a.m. to 9 p.m. CT Monday through Friday and 9 a.m. to 5 p.m. CT Saturday and Sunday or online at www.polaris.com 

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Defective Panasonic TVA potentially defective tabletop swivel stand sold with a 55-inch flat screen TV  was recently recalled by Panasonic. The Panasonic 55-inch, LED/LCD flat screen televisions with a tabletop swivel stand is a model that was sold to schools, government buildings and hotels from July 2012 through March 2014 .  The mounting screws that connect the stand to the TV can become loose and the TV can unexpectedly fall off the stand. This pose a risk of severe injury or even deaths to children.

If you see one these TVs on a swivel stand at your child’s school, at work or in a hotel please inquire if it was recalled and repaired. If it wasn’t please make sure that the  TV is detached from the stand and placed in a safe location before calling Panasonic for a free repair kit.

Panasonic indicates that so far nobody was injured.  755 models have been sold in the US and 130 in Canada. The TV is black with Panasonic printed in the front and the swivel stand is in a glossy black color and is 50 inches long. The model number for the television is TH055LRU50. It can be found on a tag on the back of the television.

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5,190 workers suffered fatal injury on the job in 2016, an increase of 7% compared to the 4,836 fatal injuries recorded in 2015. This is the first time since 2008 that the annual number of fatal work injuries is above 5,000. The fatal injury rate was on the rise as well with 3.6 per 100,000 full-time workers being injured on the job compared to 3.4 in 2015.fatal work injuries 2016

Almost half of the fatal work injuries occurred during transportation events. Among the 2,083 workers who suffered fatal injury in a transportation accident, 1,252 died in roadway accidents involving motorized land vehicles, 342 were pedestrians struck by a vehicle, 245 were involved in accidents involving motorized land vehicles, 130 in accidents involving an aircraft, 50 in accidents involving a rail vehicle, 48 in accidents involving a water vehicle and 16 in accidents involving animal transportation or pedal vehicle.

866 workers died from violence or other injuries by persons or animal. Violence at the workplace is the second most common cause of  fatal work injuries.  It increased by an alarming 23% last year.

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OSHA-inspectorTo prevent workers, especially construction workers, from being killed or injured on the job, the US Occupational Safety and Health Administration (OSHA) conducts thousands of work sites inspections every year. After Trump took over some worried that OSHA power would be diminished and that workers might be exposed to riskier work conditions. So far it hasn’t been the case.

During the fiscal year 2017, OSHA conducted 32,396 inspections compared with 31,948 during the fiscal year 2016.  The average penalty per violation was $3645 during the 2017 fiscal year compared with  $3415 during the 2016 fiscal year. Between 2010 and 2015 there was an average 8.4 $1 million cases reported yearly however in 2017 there were only 6 $1 million cases.

Despite being nominated by the president to head OSHA, Scott Mugno, currently vice president for safety, sustainability and vehicle maintenance at FedEx Ground hasn’t been confirmed by the Senate yet. So far the career OSHA people are still running the show and things are not expected to change dramatically.  This is mainly because the lack of political leadership and the language and requirements of the Occupational Safety and Health Act are preventing deregulation.

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Defective Hoverboard Lazy BoardDespite the many fire accidents and injuries caused by defective lithium-ion battery packs in hoverboards, the toy remains among the most popular holiday gifts. If you or your kids own a self balancing scooter or if you are planning to buy one as a gift you should visit the Consumer  Product Safety Commission website and check on the recent Self Balancing Scooter recalls. Here are some of the most recently recalled models:

  • The Layz Board hoverboard was recently the subject of a second warning by the Consumer Product Safety Commission. According to the agency this hoverboard caused a fire on October 23, 2017, in Manchester Township, Pennsylvania, which destroyed one town home and damaged four others. The hoverboard was the object of a previous warning in May 2017 after two young girls died in a house fire caused by the Layz Board hoverboard on March 10, 2017, in Harrisburg, Pennsylvania
  • Salvage World just recalled 700 Smart Balance Wheel self-balancing Scooters/Hoverboards. The battery can overheat and pose a risk of smoking, exploding or catching fire
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OSHA logoUnder the Federal Occupational Safety and Health Act, some employers in high risk sectors such as construction, manufacturing and building materials are required to report employees illnesses and injuries to OSHA. Until last year these employers reported these data manually in what was commonly called the “OSHA Log”.  The OSHA log commonly refers to:

  • the Log of Work-Related Injuries and Illnesses (OSHA Form 300)
  • the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)
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New York Forklift Accident Attorney Christopher DonadioOur Construction Accident Attorney Christopher J. Donadio obtained a $1.1 million settlement in a construction accident that occurred in New Jersey.

The case involved a construction accident that occurred on April 15, 2015 on a construction site in Hackensack, New Jersey. On that date, the plaintiff,who was a worker on the job site, was struck by a large forklift, suffering injuries to his left leg and right ankle.

Due to the impact, the plaintiff was taken by ambulance to Hackensack University Medical Center. At the hospital, the plaintiff was diagnosed with fractures of his left leg and right ankle. As a result of the injuries, the plaintiff required a surgery to repair his fractured left leg, and required three surgeries on his right ankle.

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How many people die from personal injury every year in the U.S.? What are the leading causes of these injuries? How many were the result of a disease? Were these injuries intentional or not? Every year since 2000 the National Center for Injury Prevention and Control and the  Centers for Disease Control and Prevention provide very precises statistics about the type of injuries people suffer in the U.S. They recently released their statistics for 2015 and here are some interesting points:

  • Among the entire population of the U.S., Heart Disease was the leading cause of death in 2015, followed closely by Malignant Neoplasms. More than 23% of the 2.7 million deaths recorded in 2015 in the US were related to Heart Disease and 22% were due to Malignant Neoplasms.
  • 146,571 people died from Unintentional Injury. This number represents 5.4% of all deaths and is the 4th leading cause of death in the U.S. just behind Chronic Low Respiratory Disease. Click on the graphs for full size10 leading cause of death in 2015
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