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Oresky & Associates, PLLC Wins Major Construction Accident Case for Injured Client

  Oresky & Associates, PLLC is proud to announce that we have recently won a major construction accident case on behalf of an injured client. The case, which made its way to the appellate division of the New York Supreme Court, states that the owner of a construction site is absolutely liable for a trench collapse. The Facts of the Case Our client was working for an excavation company that was hired to discover the source of a leak on...

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What You Need To Know About Scaffold Accidents 

Falls in the construction industry can be fatal. These dangerous accidents can occur when a worker falls from unsafe scaffolding. The following are injuries that can occur in a scaffold accident: Broken bones Eye injuries Soft tissue damage Traumatic brain injuries Spinal cord damage Nerve damage Head and neck injuries Concussions Back injuries Organ damage Amputations Paralysis Wrongful death If you are injured in a scaffold accident, you will typically assert a claim under workers’ compensation. You may also be...

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What Are My Legal Options After a Forklift Accident at a Construction Site?

Forklifts are critical to construction work. They are also potentially dangerous pieces of machinery. In New York, where construction work is ongoing 24/7/365, a certain number of construction accidents are inevitable. When people are hurt or killed in such accidents, New York personal injury law provides a remedy. It’s important that you vigorously pursue this remedy, however, because personal injury claims don’t enforce themselves. The Prevalence of Forklift Accidents According to the Occupational Safety and Health Administration (OSHA), tens of...

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What Should I Do After a Scaffold Fall During a Construction Project?

Scaffolding accidents are common causes of injuries and death in the construction industry. When a worker falls from a scaffold and is injured in Queens, they may have multiple legal options for receiving compensation for their scaffolding injury. A Queens construction accident lawyer can explain what to do next after falling from a scaffold to protect your right to fair compensation for your injuries and damages. Until then, read on for insight into what your legal options are after this...

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How To Write a Settlement Demand Letter in Queens, NY

Perhaps you have suffered an injury caused by someone else. You may have suffered a slip and fall accident, for example, or a car accident. You should not be stuck with the bill, and you deserve compensation for the pain and suffering that you have endured. Rather than go to trial, most personal injury claimants first try to reach a settlement. Sending a settlement demand letter to the responsible party is the best way to kick off settlement negotiations. However,...

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Labor Law 240(1) and How It Relates to Ladder Collapses While Painting at Buildings

Construction accidents are unfortunately common. In 2022, New York City reported 554 injuries and 10 fatalities in the construction industry. The majority of accidents are related to worker falls. Painters often use ladders and scaffolding when performing their jobs. Scaffolding and ladder collapse while painting at buildings can result in severe injuries, life-threatening conditions, and permanent impairments. New York Labor Law §240(1) provides added protection for painters and other construction workers injured on the job.  How Does N.Y. Labor Law...

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What Are Your Rights if You Are Injured by a Falling Object at a Construction Site?

Construction work is a dangerous occupation. Workers are at a high risk of being injured or killed on construction sites. Roughly 20% of fatal workplace accidents happen on construction sites. Therefore, New York has strict labor laws that protect construction workers from falling objects. Unfortunately, falling objects remain a common cause of injuries and deaths on construction sites. Common Causes of Falling Objects on Bronx Construction Sites Falling objects on construction sites happen for many reasons. Common causes of falling...

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What Happens if I Don’t Show Up for Jury Duty in the Bronx, NY?

Similar to filing your taxes and signing up for selective service, participating in jury duty is mandatory for U.S. citizens. When the Bronx County court sends you instructions to present yourself, it is in your best interests to do that. If you skip jury service, you can suffer legal consequences that you could be paying for years to come. Why Jury Duty Is Important The U.S. has two justice systems: criminal and civil. Both systems are defined by the U.S....

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How Long Does It Take To Get a Personal Injury Settlement Check in New York?

A personal injury settlement check is the compensation you receive from the defendant who harmed you. You will only receive a settlement check if you accept the offer. If you do not agree to settle the case, it could still proceed to trial.  If you were injured, completed the process of filing a personal injury claim, and accepted the settlement offer, you may be wondering about the next steps. Waiting to get the settlement check can be stressful as medical...

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Car Accidents Caused by Brake Checking in New York

Brake checking has many meanings. When a driver brake checks in retaliation for tailgating, it can cause a car accident. More importantly, it can expose the brake-checking driver to liability for any injuries that result from the crash. Brake checking can cause rear-end collisions, resulting in severe head, neck, and back injuries. Accident victims with these injuries may lose their ability to work or even perform necessary activities like showering or dressing. What Is Brake Checking? Brake checking can have...

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What Percentage Do Lawyers Take for a Personal Injury Case in Queens, NY?

Personal injury lawyers don’t calculate their legal fees like other lawyers do. That is a big advantage for you if you don’t have any money. Most lawyers charge by the “billable hour,” which amounts to hundreds of dollars an hour. With a personal injury lawyer, you pay nothing upfront. The Contingency Fee System Under the contingency fee system, your lawyer charges you legal fees based on a pre-agreed percentage of the amount you eventually win. A typical contingency fee ranges...

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What to Wear to Court in the Bronx

When you’re heading into court in the Bronx, you’re probably far more concerned about your court outcome than your outfit. However, it’s worth your time to consider what to wear — and what not to wear — into a Bronx courtroom. Attending court in the wrong outfit can directly impact your case and even leave you facing additional charges like contempt of court. Why What You Wear to Court in the Bronx Matters All courts have a dress code. However,...

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What New Yorkers Need To Know About “Res Ipsa Loquitur”

New York is an at-fault state for personal injury cases. If another party injures you, you can file an insurance claim or personal injury claim seeking damages. However, you have the burden of proving the legal elements of your case by a preponderance of the evidence to win. Negligence is the basis for many of the personal injury cases in Queens. That includes slip and fall claims, car accidents, construction accidents, premises liability, and medical malpractice. The doctrine of negligence...

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Common Injuries After Roof Accidents

It doesn’t take an expert to discern that roofing work can be dangerous. After all, you are working high above the ground on a precarious structure that contains plenty of potential for an accident. Beyond falling, roofers can also be hit with construction equipment and are even at risk of being electrocuted. If you or a loved one works in the roofing industry — or frequently engages in roof repair tasks around the house — it may help to know...

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What To Do After Falling Off a Roof in the Bronx

One of the most significant dangers of construction accidents is the possibility of falling off a roof. In fact, falling on a construction site is the most frequently cited OSHA standard violation in 2021. Construction work can be dangerous, which is partly why it accounts for nearly half of all fatal occupational injuries. However, this does not relieve parties from the responsibility of providing a safe work environment. If you were injured in a fall from a roof in the...

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