New York City Personal Injury Blog

Filing a workplace harassment claim in New York

On behalf of Godosky & Gentile, P.C. on Thursday, February 14, 2019.

It can sometimes feel confusing to identify harassing behavior in the workplace. Many workplace harassment victims worry that they are exaggerating their situation, and they can also fear being put at the center of attention as a result of making a claim.

It is important to remember how workplace harassment is defined under the law when you are wondering whether to make a complaint. One of the most common forms of harassment is a situation in which the perpetrator of the harassment creates a hostile work environment for the victim. This is a very broad definition by intention, and it can be used to describe many different situations. For example, a person who is being told inappropriate sexual jokes could feel that the working environment has become hostile.

Factors in car accidents in New York

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Tuesday, February 12, 2019.

There are a several common factors in New York car accidents. Human error is behind many, especially distracted driving. This has become a widespread issue with more and more drivers using their smartphones behind the wheel. Virtually anything, though, from talking to passengers to eating, can become a distraction. Another factor is driving under the influence of alcohol or drugs, including prescription and over-the-counter drugs.

Some accidents are caused by drivers having uncontrollable medical episodes like seizures, strokes and heart attacks. For this reason, drivers should take into account all risk factors. If they feel unwell or have forgotten their glasses, they may not want to go out. Also, if they are in a different state, they should be aware of its traffic laws. For instance, that state may prohibit right turns on red. Being lost can also make drivers negligent.

Big truck accidents can result in complicated claims

On behalf of Godosky & Gentile, P.C. on Thursday, January 31, 2019.

After any traffic accident, victims who suffer injuries must take action to protect themselves and the their legal options for compensation, while also finding time for medial care and recovery. It is common for some victims to feel overwhelmed, right when their attention is most crucial.

When a traffic accident involves a large commercial truck, the process of building and filing a claim is even more complicated. Without careful planning and a strong legal strategy, truck accident victims may miss a large portion of the compensation they deserve. They may need this money to cover medical expenses, lost income and other requirements for living.

Taking action after falling in the New York snow

On behalf of Godosky & Gentile, P.C. on Thursday, January 31, 2019.

Premises owners have the duty to keep guests safe when they are on any part of their property. Many premises owners exercise very safe practices when it comes to the interior of their shops, movie theaters or restaurants, but they frequently fail to place adequate attention on the exterior of their property.

The New York winter months mean that adverse weather conditions can lead to ice and snow on the outside of premises. This means that property owners must make sure that members of the public are not at risk of injuring themselves through slipping and falling on the exterior of their property.

Distracted driving continues to be a roadway threat

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Tuesday, January 29, 2019.

While widespread public campaigns have informed New York drivers of the dangers of using their smartphones behind the wheel, distraction continues to pose a serious threat on the roads. The Insurance Institute for Highway Safety released a report comparing surveys observing drivers in 2014 and 2018 for signs of distraction while driving or stopped at red lights. They found that the overall rate of distracted driving appears to be roughly the same four years apart, but the type of distractions may vary considerably. In addition, mobile phones aren't the only issue diverting drivers' eyes and minds from the roads ahead.

Changing patterns of mobile device use were also reflected in the survey results. Just as texting and messaging are often the preferred means of communication rather than voice calls, the number of drivers having conversations on handheld mobile phones behind the wheel dropped between the two years. However, drivers were also 56 percent more likely to be texting, surfing the internet or emailing while driving. This is particularly concerning because manipulating a phone by hand to send a message can be far more distracting than talking on the phone. The risk of being in a fatal car accident goes up by 66 percent a driver is using a phone for non-talking tasks.

Getting medical treatment after a workplace injury

On behalf of Godosky & Gentile, P.C. on Wednesday, January 16, 2019.

If you have been injured in the workplace in the state of New York, like many other injured workers you may be wondering about your rights to medical treatment and compensation. Workers' compensation policies can seem overwhelming and confusing at first, and this is why it is important to have a brief overview before proceeding with further medical services.

It is important that you verify whether you are entitled to workers' compensation. The vast majority of employees are entitled to this by law. You should additionally remember that if you are entitled to workers' compensation, you will be able to make a claim regardless of whether the incident was deemed to be a fault of yours or not.

New Yorkers could be victims of drowsy rideshare drivers

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Tuesday, January 15, 2019.

Commuters who rely on services like Uber and Lyft may want to be aware that rideshare drivers typically work as independent contractors. The companies do have regulations in place that demand drivers take six-hour break periods after a certain amount of driving time. However, the American Academy of Sleep Medicine (AASM) has pointed out that many of these drivers work other jobs that could lead to added fatigue.

According to the AAA Foundation for Traffic Safety, approximately 328,000 motor vehicle accidents across the country each year include a drowsy driver factor. Another reason the AASM feels that the current required breaks for rideshare drivers is inadequate is because much of their driving is done late at night or early in the morning. This is when drowsiness can easily set in.

Identifying harassment in the workplace

On behalf of Godosky & Gentile, P.C. on Thursday, January 3, 2019.

The workplace is a place in which you should feel safe, respected and inspired to work. It should be in the employer's interests to create such an environment, because this motivates employees to work effectively.

Unfortunately however, workers can face issues in the workplace that make them feel uncomfortable, embarrassed or unable to work effectively. No worker should have to experience this, and there are, in fact, laws that protect employees from being harassed at work.

Dump truck crashes on the rise

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Monday, December 31, 2018.

People in New York may have particular concerns about truck accidents, especially since the occupants of passenger cars and other smaller vehicles are far more likely to be seriously injured in case of a crash. Statistics also show that crashes involving large commercial trucks like dump trucks and concrete delivery vehicles are on an upswing. While insurers have raised insurance premiums for commercial truck companies, this has had little effect on the escalating number of accidents. Various initiatives to reduce the risk of driver fatigue also aim to improve roadway safety.

Still, in 2016, dump truck crashes that required a vehicle to be towed away rose by 9 percent, reaching a total of 8,206, according to the Federal Motor Carrier Safety Administration (FMCSA). In addition, the number of these dump truck accidents that caused injuries rose by 2.7 percent to 5,483 in the same year. FMCSA statistics also showed a 9.6 percent increase in ready-mix concrete delivery truck crashes, reaching a total of 838. Injury-causing crashes were also up by 3.8 percent. Fatal concrete truck injuries also rose in 2016 to 38, from 33 the prior year.

Safety tips for rooftop snow removal

On behalf of Godosky & Gentile, P.C. posted in Workplace Accidents on Tuesday, December 18, 2018.

Outdoor work in New York can be physically challenging and dangerous in the best of conditions. But in the winter months, those challenges are amplified by winter conditions, icy roads and accumulated snow. That's why the Occupational Safety and Health Administration has released a list of winter hazards that employees and employers should understand. Among the most serious threats is rooftop snow removal.

Year in and year out, workers are killed and injured while attempting to remove snow and ice from rooftops or other structures. OSHA does not provide specific guidelines for rooftop snow removal; however, their guidance on fall protection methods, ladders and aerial lifts are all relevant.