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The Scaffold Law

New York’s “Scaffold Law,” found at Section 240(1) of the Labor Law, provides absolute liability for property owners and general contractors for injuries sustained in accidents that involve an elevation differential – that is, injuries where a worker falls from an elevated height or is struck by a falling object. Unfortunately, injuries caused by an elevation differential are not uncommon. According to the Federal Bureau of Labor Statistics, a total of 4,383 workers were killed on the job in 2012...

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Employee or Not Employee, That is the Question

A worker must be an employee to be covered under workers compensation law. Many employers are trying to avoid paying workers compensation insurance, and other costs, by misclassifying employees as independent contractors. Many factors are used to decide whether an individual is an employee under the Workers’ Compensation Law. If the worker hired does not meet the criteria for an independent contractor, or the services rendered are not specifically exempted as employment under the workers compensation law (WCL), then that...

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When Third Parties are to Blame for Injuries at Work

Workers’ compensation benefits cover workers injured on the job every day. But these benefits don’t cover all the damages caused by an accident. In cases where a third party, one who is not the worker’s employer, was negligent and caused the injury, the worker may be able to pursue a cause of action against that party, in addition to filing a workers compensation claim. Third party negligence claims can involve: Other drivers: Workers driving in the course of their employment and...

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The Right Shoes Could Keep You Out of the Hospital

Slips, trips and falls (STFs) are the most common cause of workplace injury, accounting for nearly forty percent of all reported major injuries, according to an article in Occupational Health & Safety magazine’s website. The National Safety Council estimates more than $70 billion is spent annually for worker’s compensation and medical costs linked to falls that occur at work. And when it comes to accidental deaths, only motor vehicle accidents outrank STFs. According to the article, many STFs are preventable,...

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Five Steps to Take If You’ve Been Injured on the Job

If you have been injured on the job, you have rights under New York law for compensation and to have your medical bills paid. Here are some suggestions to protect your rights if you are injured on the job. 1) Report the injury to your employer. You will have forms to fill out that will ask about the details of your injury and the circumstances of the accident. Fill it out as completely and as honestly as you can. This...

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New York Pedestrian Accidents: Statistics Show Alarming Frequency

According to the New York State Department of Motor Vehicles (New York DMV), there were a total of 307,550 motor vehicle accidents in New York State in 2011 alone. These accidents caused injury or death to 178,598 individuals, including 15,986 pedestrians. Of these accidents, 15,928 were pedestrian and motor vehicle accidents, in which a vehicle such as a car, truck, or motorcycle crashed into a pedestrian. These 15,928 pedestrian and motor vehicle accidents resulted in injury to 16,269 people, including...

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Were You Injured in a Car Accident by a Hit and Run Driver?

Car accidents occur on a daily basis in New York. An experienced personal injury attorney can provide you information and help you consider your options if you have been injured in a car accident, even if the auto accident was caused by a hit and run driver. In order to provide compensation for innocent victims of certain types of accidents caused by uninsured or otherwise financially irresponsible motorists, the New York State legislature passed the Motor Vehicle Accident Indemnification Corporation...

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Beware of Insurance Companies After an Auto Accident: Insurance Companies DO NOT Have Your Best Interest in Mind

Many people mistakenly believe that insurance companies will have your best interests in mind when an auto accident claim is submitted. This is not true. Insurance companies are just that – companies! As companies, they are responsible to their shareholders, and not the people paying the premiums. Insurance companies are profitable, in part, by collecting as much as possible in insurance premiums and paying out as little as possible in insurance claims. Do you think they have your interests in...

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Jacob Oresky honored by Excellent Car Service for sponsoring one of their winning soft ball teams

Contact Our Personal Injury Law Firm in Bronx, NY If you need legal assistance, contact the Bronx personal injury lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. We have two convenient locations in New York: Oresky & Associates, PLLC – Bronx Office 149 E 149th St Bronx, NY 10451 (718) 993-9999 Oresky & Associates, PLLC – Queens Office 104-11 Roosevelt Ave Queens, NY 11368 (347) 507-3884

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Back to School Awareness Rally

Back to school awareness rally at Leake & Watts School in Yonkers, New York on September 9, 2013. Corey Foster, a student, died subsequent to the use of physical restraint by staff of the school. Contact Our Personal Injury Law Firm in Bronx, NY If you need legal assistance, contact the Bronx personal injury lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. We have two convenient locations in New York: Oresky & Associates,...

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Do Billboards Distract Drivers and Cause Accidents?

The answer is not that simple. Recently, digital billboards have become trendy, and why not? They allow a single billboard to contain multiple advertisements, and most people agree they are more attractive than traditional billboards, which translates to more money for billboard owners and more elaborate displays for consumers. Lately, people have begun to question whether these new digital billboards cause traffic accidents. It has long been known that driver distractions account for many accidents. From texting while driving, eating...

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Workplace Accidents Involving Teenagers

If you are under the age of 21 and have been hurt on the job, what are your rights? Can you refuse to work in conditions that you believe are unsafe? Do you have a right to file a claim for workers’ compensation? Can you report your employer to the state or federal worker protection agencies? Studies show that many teenagers are injured in the workplace. One study showed that more than 225,000 teens suffer work-related injuries every year in...

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Construction Accident on the Upper East Side Injures 7

A 170-foot tall mobile crane snapped in half and crashed into a neighboring building before collapsing on the construction site of a new 25-story residential building located on the Upper East Side of Manhattan. At least seven individuals were injured by the accident, including three who sustained serious injuries. The cause of the accident remains to be determined. New York Labor law §240(1) requires that all general contractors and owners, as well as their agents, provide proper safety equipment to...

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Jacob Oresky, Esq. being interviewed by ABC News

Chief Investigative Correspondent, Brian Ross, on the news show “20/20” concerning Corey Foster, wrongful death case against Leake & Watts Services, Inc. Contact Our Personal Injury Law Firm in Bronx, NY If you need legal assistance, contact the Bronx personal injury lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. We have two convenient locations in New York: Oresky & Associates, PLLC – Bronx Office 149 E 149th St Bronx, NY 10451 (718) 993-9999...

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Video Surveillance In Personal Injury Cases

If you were injured in an accident and your lawyer started a lawsuit, the insurance companies will fight hard to defend their case. The insurance companies will try to minimize your damages through video surveillance and other investigatory techniques. Many times the insurance companies will conduct video surveillance in an attempt to prove that you can do the things you claim you can no longer do because of your injuries. For example, if you claim that you can no longer...

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