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New York City Personal Injury Blog

What to do after a work injury as an undocumented immigrant

If you are an undocumented immigrant in New York, you might not know what your rights are. This can be true for times when you experience difficulties at work, for example, if you become injured in an accident. As an undocumented immigrant, it is important to read about your rights and how you can be protected by the law in the United States.

New York is a special city because it does not cooperate very much with the federal immigration authorities. This means that undocumented immigrants in New York are able to get municipal ID cards. However, many undocumented immigrants are wrongly told that they cannot receive compensation when they are injured while working.

Sexual harassment can lead to discrimination

New York employers that fail to adequately address sexual harassment complaints could leave themselves open to gender discrimination lawsuits. In fact, one law professor says that the current sexual harassment scandal at Nike illustrates the dangers of ignoring such claims.

According to an article in The New York Times, women working at Nike have endured sexual harassment for years. Some examples of the alleged behavior include a manager writing an email about an employee's breasts, a manager boasting about having condoms in his bag and a manager calling a female employee a sexist, derogatory name. These incidents were reported to human resources, but nothing was done. This is possibly because the company felt the complaints did not rise to the high legal standard for sexual harassment.

Motorcycles: Driving the fine line between safety and tragedy

It's not easy to ride a motorcycle. Other drivers don't always see you, and they make it hazardous for you to be on the roads by not giving you enough space. It's a reality that motorcyclists can get seriously hurt in a crash. What's worse is that serious injuries are more likely for motorcyclists because of their limited protection against impacts.

As someone who rides regularly in New York, you need to know the best ways to stay safe. Here are a few tips that could help you be safer on the roads in your area.

Sexual harassment statistics don't show whole picture

While federal statistics show that sexual harassment complaints are going down, many women in New York City and across the country continue to experience unwanted advances and other forms of harassment on the job. In 2017, the number of official sexual harassment complaints filed with the Equal Employment Opportunity Commission and state agencies was approximately 9,600, a 41 percent drop from 16,000 in 1997. From a high of 24 complaints per 100,000 women employees, in 2017, the number hovered at around 9 per 100,000.

However, many experts say that these statistics are less likely to reflect an equivalent decline in workplace sexual harassment. Instead, they say, 95 percent of companies now have private, in-house processes to deal with such complaints. Another 82 percent have a protocol for handling investigations into sexual harassment. This means that most investigations and complaints today are not reflected in public statistics. However, surveys also show that up to 75 percent of instances of sexual harassment are never reported at all.

You should never be made to feel embarrassed at work

Over the past year, there have been many high-profile legal cases centered on workplace harassment and sexual harassment. With these cases, the general public has been made more aware of the rights that both women and men have in the workplace, especially when it comes to different types of sexual harassment.

One of the biggest reasons why workers stay silent about the sexual harassment that they have endured is because they fear that they are exaggerating. The truth is that sexual harassment is any type of behavior that creates a hostile working environment. This means that if you are feeling embarrassed at work due to another worker's inappropriate actions, or if you dread coming into work each day because you do not know how a certain colleague will behave toward you, this is enough to constitute sexual harassment in the workplace, and it is enough for a legal case.

Distracted driving to be the focus of April safety push

Distracted driving accidents are becoming increasingly common in New York and around the country, and the popularity of mobile electronic devices is the reason according to most experts. Accident data gathered by the National Highway Traffic Safety Administration reveals that distracted driving claimed 3,477 lives and caused 391,000 injuries on America's roads in 2015, but some road safety groups feel that the true death and injury toll could be much higher.

Experts are divided over these statistics because it can be difficult for police officers to determine whether or not motorists were distracted when they crashed. Unlike drivers who have consumed alcohol or taken drugs, distracted motorists provide law enforcement with few clues. Investigating these accidents can also be challenging because they tend to take place at high speeds and damage is often catastrophic.

Wearing a proper helmet is vital to motorcycle safety

There are many beautiful roads and routes in New York for people to enjoy riding motorcycles during warmer months. Many people live for that feeling of freedom they get on a motorcycle. They often hit the roads in huge numbers on balmy spring and summer weekends. When they do, it's important for them to drive safely. That includes wearing a helmet at all times when riding on a motorcycle, either as passenger or driver.

Some people want to avoid wearing helmets, so they choose to ride without one. They may feel like they are only risking a ticket, but in reality, they are risking so much more. Motorcycles are a very dangerous form of transportation, whether you ride for your daily commute or recreation. Wearing a helmet remains one of the most effective ways to reduce your risk on a motorcycle.

Delayed symptoms make fast settlements unwise

New Yorkers involved in an auto collision are usually motivated to get their insurance claims settled as quickly as possible. In most instances, adjusters and insurance lawyers are happy to oblige if victims are willing to quickly sign away their rights to sue in the immediate aftermath of a crash. While a fast settlement may be tempting, it is typically prudent to wait and make sure there are no lingering effects from a collision before considering a final settlement.

Some injuries, such as broken bones or lacerations, are immediately obvious after a traumatic event such as a car crash. Other injuries are more subtle and take time to fully manifest themselves. Pain and soreness after a crash may be revealed in the days after the incident. Just as the morning after a backyard football game can reveal pain, so can the day or two after a crash. Soft tissue injuries, which is the category of injury involving every part of the body that is not a bony mass, are usually treated very conservatively for at least six weeks. Doctors and insurance companies often delay expensive testing that can reveal permanent damage until after rest, physical therapy, and temporary pain management is shown to be ineffective.

Office sexual advances in New York

It can be quite common for romances to ignite in the workplace. Perhaps a friendship emerges between coworkers that turns into something more. Maybe two people in different departments meet at the office party. Although romances can happen anywhere and they can be healthy when they develop organically, there is a fine line between what is appropriate office behavior and what is not.

Say, for example, a coworker or a manager makes an advance toward you when you are both working. This would never be an appropriate action for the workplace, and it does not need to be forceful or aggressive to be completely wrong. This advance might not have meant to cause harm, but it could change the way that you feel at work, and will likely make you feel extremely uncomfortable.

Distraction dangers: Why eating while driving kills

Most people have taken a quick trip to a fast-food chain for a pick-me-up. They may get a soda, grab a small bite to eat or grab dinner for the family. Whatever the reason, it's common for these people to then sit in their vehicles and eat.

The problem isn't that they're eating in their vehicles but that many people eat in their vehicles while they drive. This makes it more likely that they'll become distracted and cause a serious accident.

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