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For many of the New Yorkers who are injured in car accidents each year, a personal injury lawsuit is necessary to cover their losses. When the at-fault driver is an employee of a New York business, the victim may have the right to sue the employer if the accident occurred during the course and scope of their employment.

Knowing who to name in a car accident lawsuit can have a significant impact on the outcome of the case. These are some of the factors that New York City car accident lawyers take into account when analyzing an accident involving an employee.

The importance of naming all potentially liable parties

At the outset of a lawsuit, an attorney needs to gauge all of the likely liable parties. If a key party or person is left out, the victim may not receive compensation.

Determining this requires breaking down the facts of the case to sift out signs of negligence. It means looking for any person or entity whose lapse may have contributed to the accident. Potential defendants can include other drivers, car manufacturers, and even city governments.

Including all potentially liable parties means that the defendants cannot point the blame at a non-party. It also increases the chances that the defendants will have the financial means or insurance necessary to pay a verdict.

New York employer liability for injuries

There is a long-standing legal doctrine known as Respondeat Superior, Latin for “let the master speak.” Under this doctrine, it is the employer who must answer to the claims of a third party who is injured by their employee.

An employer is not automatically liable for every negligent act of its workforce. Instead, the employee must be actively engaged in their job. That means that if they are driving to work or engaged in a frolic or detour (basically a side trip for the employee’s purpose rather than the employee’s business), then the employer is not responsible.

Employer liability in a given situation may require complex analysis. Speak with our team of New York City personal injury lawyers to get a detailed assessment in your case.

Employee v. Independent contractor

Not all workers are employees, and that can be a problem when it comes to Respondeat Superior. If the at-fault driver was an independent contractor, the company might not be liable.

Whether a worker was called an employee or a contractor does not matter as much as how their relationship was structured. For example, if the business set the work hours, provided the location and means to perform the job, and controlled the way it was to be done, the worker is likely an employee. If the worker was free from supervision, set their own schedule, paid their own expenses, and was free to turn down work or hire additional help, they are likely an independent contractor.

It is not always easy to tell whether someone was an employee or an independent contractor, and even as an independent contractor, exceptions may apply. For example, federal trucking laws deem truck drivers– who are often independent contractors– as employees in the case of an accident.

The role of a personal injury lawyer in a New York car accident case

When you pursue a personal injury claim arising from an accident, you may only have one chance to secure full compensation. Once your claim is settled, or your case is litigated, it is usually too late to add another defendant or increase your claim for damages. Naming all of the potentially liable parties at the outset can prevent you from leaving money on the table. Your personal injury lawyer will know what to look for and guide you through this and other potential pitfalls.

Contact us for a free consultation

Friedman, Levy Goldfarb & Green, P.C. is a New York City-based law firm. We have spent the past 50 years advocating for victims of accidents and medical malpractice. Call today to schedule a free, confidential consultation with a member of our team.

Construction sites are among the most dangerous workplaces in America. According to the Occupational Safety and Health Administration (OSHA), 5,333 workers died on the job in 2019, and about 20 percent of them (1,061) were in the construction industry. In other words, 1 in 5 deaths were in construction. In 2019, according to the Bureau of Labor Statistics, construction fatalities increased by 6 percent– up to 1,066 deaths– the highest figure since 2007. Moreover, there were 880 workplace fatalities caused by a slip, trip, or fall in 2019.

What Can an Attorney Do for You?

If you are a construction worker who was hurt on the job in a scaffolding accident, you are likely dealing with financial stress– from medical bills and missed work. You are also likely dealing with medical issues like physical limitations and ongoing pain. The construction site fall accident lawyers from Friedman, Levy, Goldfarb & Green can guide you– so that you can focus on your recovery. A New York construction accident lawyer from our firm will help you determine whether you’d be best served by a workers’ compensation claim, a third-party liability lawsuit, or permanent disability filing following your construction fall.

It costs nothing for a case review.

Construction Worker Fall Injuries

Construction workers can fall off ladders, scaffolds, girders, stairs, roofs, moving or non-moving vehicles. Workers can also fall down elevator shafts, manholes, or down into ditches. Falls from a height are most likely to result in total body injuries that affect multiple bones, internal organs, and vital systems.

Common construction worker slip and fall injuries include:

• Coma
• Broken bones
• Traumatic Brain Injury
• Mental and psychological illness
• Back injuries
• Spinal cord injury
• Soft tissue sprains, strains, abrasions, and contusions

The chances of surviving a fall from more than 30 feet are very low, but even a six-foot fall could prove deadly when landing on the wrong type of surface or the wrong body part.

Falls on the same level are less likely to result in death but commonly result in disabling injury. Broken bones, sprains, soft-tissue strains, and contusions are most common, but more serious harm like traumatic brain injury and spinal cord damage or even paralysis can occur.

What Causes Fall Accidents on Construction Sites?

Common slip, trip, and fall hazards in the construction industry include the following:

• Unsafe construction of scaffolds: Many construction workers spend part of their day on a scaffold, and an unsafe scaffold can have devastating consequences. The manufacturer’s instructions must be followed closely when erecting it to ensure that it is safe and stable. All sides of the platforms and open ends need to be protected with guardrails to minimize the risk of falls. Additionally, workers should be prohibited from climbing on the scaffold’s cross bracing.
• Openings and floor holes that are unprotected: Openings and holes naturally develop throughout construction sites regularly. For that reason, proper safety precautions must be taken. If not, sides may be left unprotected, exposed wall openings or floor holes may be left open. Any time a worker is exposed to a fall of six feet or more, the opening needs to be covered.
• Exposed protruding steel reinforcing bars: If rebar protrudes and is left exposed, the potential severity of what may have been a relatively minor injury is amplified. Rebar guards should be carefully selected to prevent the impalement of a worker if they fall onto the rebar.
• Portable ladders that are improperly used: Ladders should always be thoroughly inspected before use for any cracks or broken pieces.
• Construction site debris: Debris such as the remnants from cut rebar, metal, wiring, or cement often causes construction site fall accidents.
• Inclement weather such as rain, snow, or ice: Buildings under construction are often open to the elements. When rain, snow, or ice are allowed to accumulate, the risk of a slip and fall accident increases. 

What to Do After Sustaining a Construction Fall Injury

Workers’ compensation claims can cover the cost of medical bills and lost wages, regardless of who was at fault. However, you must move quickly to secure your benefits. New York law gives you just 30 days to fill out the proper paperwork necessary to report your injury as a workers’ compensation claim.

It is essential to recognize that 100% of falls are preventable. If another party is at least partially at-fault for your injuries, then you may have grounds for a personal injury lawsuit. This would entitle you to compensation for pain and suffering. You have up to three years from the discovery of harm to file.

Your Case Is Important and Results Matter

A client was a construction worker in Manhattan, and he was working on the loading dock of a large construction site. He leaned against a guardrail, which was unbolted to accommodate deliveries, and fell onto the roadway below. He seriously injured his ankle, elbow, neck, back, and shoulder. He underwent three surgeries and is permanently disabled. Our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. secured a $4.2 Million settlement on his behalf.

Another client was painting Hell’s Gate Bridge in Queens while standing on a scaffold. The scaffold broke, causing him to fall 60 feet. He suffered severe brain injuries. He had not been provided with any safety lines, tie lines, or safety nets, which violated OSHA regulations. We settled the case for $3.167 Million on his behalf before the start of the trial.

Did Your Loved One Die in a Construction Site Accident?

Spouses and dependents who have lost a primary care provider to a workplace accident may have grounds for a wrongful death lawsuit. Damages may include the funeral, burial, loss of companionship and support, and unpaid medical bills. Family members have up to two years from the date of death to file.

Our Phone Lines are Open 24/7

Contact a construction accident lawyer at Friedman, Levy, Goldfarb & Green to explore your options after a sudden, severe, or catastrophic construction fall accident. We know that these injuries do not always happen during regular business hours, so you can call us and schedule a free consultation with an experienced attorney 24 hours a day. No fees are assessed to our clients unless we win their case.

If you have been injured on the job and pursue a workers’ compensation claim, it could end in a voluntary settlement known as a Section 32 Waiver Agreement. It provides a lump sum settlement to pay for future lost income and medical expenses rather than ongoing weekly payments.

It is a formal agreement between you and your employer’s insurance company or its third-party administrator– who processes these claims. Signing any legal contract will impact your rights, so it is important to do this under the guidance of a New York personal injury lawyer.

The trade-offs of a Section 32 settlement

A Section 32 Waiver can be beneficial for claimants in certain situations, but they are not the right move for others.

If you do not have any liens or judgments against you, which would allow others to have access to the amount you recover, then it may help you receive the most compensation overall. It also allows you to limit the time you spend litigating the claim, removes the uncertainty over whether the case will be decided in your favor, and provides cash more quickly so you can pay any bills that are piling up.

On the other hand, by entering this settlement, you close the door to a potentially larger settlement down the line. If it takes you longer than you expected to get back to work, you cannot reopen your claim to receive additional compensation.

Since you give up some rights to obtain the benefits of a Section 32 settlement, always speak with an experienced lawyer. They can perform a detailed review of your future lost earnings and medical coverage to make sure a settlement offer would get you a favorable deal.

What is included in a Section 32 settlement?

A Section 32 settlement provides compensation for lost wages and medical bills related to a Workers’ Compensation case. The settlement amount depends on the amount that the insurance company or administrator expects to have to pay for lost wages and medical benefits in the future.

Injuries that occurred before March 13, 2007 and led to a permanent partial disability– qualified for benefits for the rest of the claimant’s life. For injuries that occurred after that date, however, the length of time a claimant can receive lost income is capped by law. Further, even injuries after March 2007 qualify for ongoing related medical care– potentially for life. Payments for future medical treatment, understandably, can be substantial.

Your personal injury attorney will take into consideration the extent of your injury, how long you should be out of work, and how much medical treatment you will need– to formulate a demand to settle your claim. It is important to work with someone experienced in these matters because the agreement is final and binding once signed.

How to enter a Section 32 waiver settlement

Before a waiver settlement can be made binding, the Workers’ Compensation Board must approve it. Once your attorney and the attorney for the insurance company work out the terms– they are used to draft a long, formal legal agreement. Your attorney should explain it to you in detail. At the formal hearing, the judge will ask you questions to make sure you understand your rights and responsibilities under the agreement.

Once the judge approves it, the decision will be filed. From that point, you should receive your cash within 10 days. Since the case will then be over, you will no longer need to participate in hearing preparation. In other words, you will be able to close the chapter of your life that was focused on the benefits litigation process.

Get guidance on your Section 32 Waiver Agreement

If you need to decide between continuing your New York workers’ compensation case or entering a Section 32 settlement, seek personalized attention from a New York construction accident attorney. The lawyers at Friedman, Levy, Goldfarb & Green in Manhattan are happy to serve those looking for advice. Call today to schedule a free consultation.

Construction sites are inherently dangerous places. Because of this, both Federal and New York State Law make it easy for construction workers, tenants in buildings that are undergoing rehab, and passersby to report unsafe conditions.

When unsafe conditions lead to injuries, a New York City personal injury lawyer at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C., represents injured parties to recover damages for their losses and injuries. Our attorneys believe that preventing those injuries in the first instance is always a better practice. So, we encourage individuals to report these construction sites to reduce accident risks.      

How Can a Construction Worker Report an Unsafe Construction Site?

Contractors often share their concerns and encourage their employees to discuss dangers with managers and foremen.  In a majority of cases, the contractor will remedy it, because failing to remove known hazards can expose the contractor to significant liability.

However, if a contractor is unwilling to correct unsafe conditions or an employee is concerned that reporting an issue might lead to their termination, the U.S. Occupational Safety and Health Act (OSHA) provides reporting mechanisms. These enable an employee to report this online, in writing, or by phone.

An employee who reports an unsafe construction site to an OSHA office will be asked to provide details about the hazards, including information about the number of employees at the site, equipment, materials, and safety training that the contractor might have offered or provided to employees.

How Can a Tenant Report Unsafe Construction Conditions?

Apartment renters might live in older buildings that are undergoing renovation. In New York, a tenant can contact the City’s Department of Buildings online or by telephone to report conditions that create an unsafe environment around their home.  The Department will issue a service request number to the tenant and will investigate and contact the landlord or property manager– if the renovation contractor is not adhering to proper procedures.

How Can a Third-Party Report Excessive Construction Site Hazards?

OSHA and the Department of Buildings also allow and encourage third parties to report unsafe conditions that they see at construction sites. Consult with an experienced construction accident lawyer if you have any questions about how to make or submit these reports.

Placing Contractors on Notice About Unsafe Construction Sites

Contractors owe a duty of care to their employees, building occupants, and all third parties to keep the site as safe and hazard-free as possible. A contractor might attempt to mitigate liability for an accident by claiming a lack of knowledge of the conditions that caused it.

However, when unsafe construction site conditions are reported to a regulator, the contractor will then have actual knowledge. If the contractor fails to correct this after being placed on notice of them– a party who suffers injuries as a result of those conditions will have a better opportunity to collect the full amount of damages.  

Recovering Damages for Injuries at Unsafe Construction Sites

Construction employees who suffer on-the-job injuries can recover lost wages and some medical expenses through workers’ compensation insurance. Third parties will likely need to file a negligence lawsuit against the contractor who is liable. In both cases, a  New York personal injury lawyer is the best resource to sort out which construction contractors may be liable and to fight for the largest damages award that may be available from all potentially responsible parties.

Moreover, the deadlines for making workers’ compensation claims and filing negligence lawsuits may be relatively short. A party that suffers injuries at an unsafe construction site should not delay before contacting an attorney about filing claims or lawsuits.

Call the NYC Construction Site and Personal Injury Lawyers at  Friedman, Levy, Goldfarb, Green & Bagley, P.C.

The personal injury lawyers at Manhattan’s Friedman, Levy, Goldfarb, & Green help construction workers, tenants, and third parties to report unsafe sites and to recover damages when they suffer losses and injuries. Please see our website for more information about reporting or call our offices directly and speak with a construction site attorney about claiming reimbursements for your damages.

Additional Resources:

1. www.osha.gov: How to File a Safety and Health Complaint. https://www.osha.gov/workers/file_complaint.html
2. www.nyc.gov: File a Complaint. https://www1.nyc.gov/site/buildings/renter/file-a-complaint.page
3. www.mysafetysign.com: How Do I Report a Construction Hazard? https://www.mysafetysign.com/blog/safety-basics-report-construction-hazard/

Studies suggest that up to 5 percent of people in the U.S. prison system are actually innocent. False imprisonment – along with false arrest — is a civil rights violation that can result in legal compensation for the victim.

False imprisonment is defined as the intentional restraint of an individual against his or her will without a lawful justification to do so. The term “restraint” does not imply that the victim has to be bound or limited by physical barriers, but rather denied the liberty to move about freely.

False imprisonment defined

In the eyes of the court, a person’s freedom of movement is limited if he or she believes there is no way of escape without causing an unreasonable risk of personal harm. The use of force or threats is not necessary to be deemed false imprisonment if there was an intentional confinement of an individual against their consent without a legal basis. If physical force or threats of violence are used as a means to retrain a victim, this can lead to stronger penalties.

In order for victims to prove they were falsely imprisoned, they must demonstrate that the other party intended to or actually restricted their movements and that there was no legal justification for the restraint. In other words, there had to be a willful detention, and this must have been conducted unlawfully, and without the victim’s consent.

Making an actionable claim for false imprisonment takes legal skill and guidance. A New York civil rights attorney at Friedman, Levy, Goldfarb, Green & Bagley can help victims understand their rights and pursue fair monetary damages.

Capable legal counsel is essential to winning a false imprisonment claim. Without representation, it can be exceedingly difficult to go up against the police, a government agency, or a business. In situations where the imprisonment was proven to be particularly egregious, the courts may also award punitive damages against the defendant.

What constitutes a false imprisonment

Bear in mind that you need not have been locked in a room or cell, but rather detained without your consent. It doesn’t matter if you were confined for 10 minutes or three hours if the action was not performed within the scope of the law, and you were denied liberty to move about freely or feared that leaving would result in harm, your civils rights were violated.

False imprisonment can take place in many settings. Some examples include:

• An employer who locks the doors, preventing workers from leaving
• A shopkeeper detaining you for an unreasonable length of time because of how you dress or look
• Holding something another person values without their consent to keep them from leaving
• A caregiver drugging a patient without their consent to restrict their movements
• Grabbing another person so they physically cannot leave

Shop owners may employ security guards who can legally detain individuals if they have probable cause that the person shoplifted or committed a crime. However, in order to detain you legally, they must not utilize force or threat of force, or confine you for an ‘unreasonable’ amount of time.

Proving elements of false imprisonment

To secure monetary compensation for false imprisonment, you must be able to prove that another reasonable person would not have performed the same actions in the same situation. Your attorney will also need to demonstrate the following elements:

• There was a willful restraint that prevented you from leaving
• The detention was without your consent
• The restraint was illegal and without justification

Eyewitness accounts of the detention may be utilized to strengthen your claim, in addition to evidence that documents your losses and suffering. A successful lawsuit can net compensation for:

• Mental anguish and trauma from the imprisonment
• Associated medical expenses
• Lost income from missed work
• Punitive damages if the defendant was malicious

An NYC law firm focusing on civil rights

If you believe you were falsely imprisoned, reach out to Friedman, Levy, Goldfarb, Green & Bagley for a free consultation. Our firm has a proven reputation as distinguished litigators in matters involving civil rights and can help you pursue just compensation for the damages you incurred.

The sooner you speak with a New York City civil rights lawyer, the better, as victims have just one year to file a civil action based on false imprisonment. We are proud to serve residents throughout the greater NYC metro area, including Manhattan, Brooklyn, the Bronx, and Long Island. 

For more than 50 years, Friedman, Levy, Goldfarb & Green has advocated for victims injured in a wide range of workplace injuries in New York. If you’ve been hurt on the job, you may be eligible for legal compensation to help relieve the financial burdens that come with serious workplace injuries.

Our lawyers have an excellent track record handling complex claims involving everything from unsafe work environments to accidents with heavy machinery and equipment.

Representing people in the Bronx, Brooklyn, Manhattan, and every borough of NYC, our firm has a proven track record of obtaining significant monetary damages for injured workers. There is no cost to speak with an experienced New York work injury attorney at our firm.  We are here to protect your rights. Contact Friedman, Levy, Goldfarb & Green today to schedule a free, initial consultation with a member of our team.

NY workplace accident attorney

Every year, scores of people die in preventable workplace accidents in New York City. According to Bureau of Labor statistics for 2017, slips, trips, and falls accounted for 31 fatal work injuries in NYC, marking an increase of 18 deaths over the previous year. Exposure to toxic substances or dangerous environments was the third leading cause of workplace deaths, followed by transportation accidents resulting in 11 workplace accident fatalities.

Employers in every state must take appropriate measures to provide a reasonably safe work environment. The reality is that many people are subject to hazardous occupational environs, whether working as a plumber, a driver, or as an HVAC installer.

Our attorneys appreciate the far-reaching impact that a workplace injury can have on victims and their loved ones and know how to convey the seriousness of the suffering incurred when communicating to claims adjusters, or the courts. We have a deep understanding of NY worker’s compensation laws and will stand up to achieve a fair monetary recovery on your behalf.

If our investigations determine that a third party is responsible for your injuries, you may have a valid personal injury claim in addition to worker’s comp benefits. It is our goal to help clients procure the maximum damages available, and we are able to do so by working with medical experts, economists, accident reconstructionists, and other industry professionals.

What to Do if You’ve Been Injured on the Job

No matter what line of work you’re in, follow these steps if you’ve been injured on the job:

• Get first aid and any necessary medical care right away
• Inform your supervisor
• Consult a work injury attorney to understand and protect your rights
• Complete any worker’s compensation legal paperwork
• Follow your doctor’s treatment instructions
• If applicable, attend hearings in your case

Common workplace accidents

A worker is hurt on the job every 7 seconds in the United States, reports the National Safety Council. Data indicates that industries with the highest percentage of on-the-job accidents include: transportation, manufacturing, service, installation/maintenance, and construction.

Proper training, regular equipment maintenance, and access to necessary safety equipment can help prevent a number of workplace accidents, such as:

• Workplace trips and falls
• Being hit by falling objects
• Exposure to chemicals or toxic fumes
• Faulty or malfunction equipment
• Machinery accidents
• Heavy lifting injuries
• Repetitive stress injuries
• Injuries caused by poor site maintenance
• Occupational back, neck, and spine injuries
• On-the-job motor vehicle accidents
• Accidents resulting in vision or hearing loss

Unfortunately, many workplace accidents – both minor and catastrophic — can be attributed to employer negligence of some type. At Friedman, Levy, Goldfarb & Green, our NY work injury attorneys will evaluate your case to determine potential liable parties, and take swift legal measures accordingly.

Far-reaching impacts of workplace injuries

Whether you fell on the job or were hurt by a piece of machinery, these injuries have the potential to undermine the quality of your health and life. In addition to physical pain and suffering, victims may also have to cope with:

• Anxiety and depression
• Prospect of permanent disability and long-term health issues
• Post-traumatic stress disorder (PTSD)
• Reduced quality of life
• Fractured relationships with loved ones and family
• Diminished earning capacity

Our legal team has the resources and skill in place to advocate on your behalf and pursue the justice you deserve. We will handle all aspects of your claim or lawsuit so you can focus on what matters most: your recovery.

Protect your rights

Don’t delay in speaking with a New York work injury attorney about your case. There is no fee unless we obtain compensation on your behalf to cover medical expenses, lost income, pain, suffering, and more. Explore your options after a workplace accident with Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule your complimentary case evaluation today.