New York City Personal Injury Blog

Small cars more likely to injure passengers in crashes

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Monday, July 16, 2018.

New York readers may have heard that overall U.S. traffic fatalities have been on the rise in recent years. However, recent statistics from the Highway Loss Data Institute, or HLDI, indicate that drivers and passengers are more likely to be injured in certain vehicles than others.

HLDI statistics from 2014, 2015 and 2016 show that people riding in smaller, lighter vehicles are more likely to be injured or killed in a collision. Meanwhile, larger and heavier vehicles generally provide more protection for occupants. Therefore, it should come as little surprise that small cars have some of the highest injury claim frequency scores among all models. The worst offenders tend to be inexpensive cars that are frequently purchased for young drivers.

CVSA announces dates for 2018 Brake Safety Week

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Tuesday, July 3, 2018.

The Commercial Vehicle Safety Alliance has announced that it will be conducting its Brake Safety Week between Sept. 16 and 22. This means that tractor-trailer drivers in New York and around the country can expect closer scrutiny from police officers and commercial vehicle inspectors. During the weeklong safety blitz, inspectors will mostly be performing strict Level I inspections to find truck braking systems that have been poorly maintained or improperly repaired. Commercial vehicles that are seen as a threat to other road users will be ordered off the road, according to the CVSA.

The alarming number of tractor-trailers with faulty or improperly functioning brakes is a known and ongoing problem. When the Federal Motor Carrier Safety Administration had more than 400 trucks inspected following serious accidents, they discovered that a worrying 32.7 percent of them would have been ordered out of service for brake-related safety violations. Even more concerning, the agency's inspectors found a higher number of brake safety issues on trucks that had been involved in brake-critical accidents.

Sexual harassment: A secretary's stereotype

On behalf of Godosky & Gentile, P.C. on Monday, June 25, 2018.

There has been a long history of making light of sexual harassment in the workplace, particularly when it comes to secretaries and their bosses. Many people joke about the "sexy" secretary and what she must do to keep such an easy job, even though that's not really the case.

Jokes about sexual harassment may not seem harmful, but when a case really does involve a boss and his or her secretary, will everyone take it seriously? The bias is to laugh it off, but the reality is that many secretaries and others face harassment in the workplace.

Suffering a head injury at work

On behalf of Godosky & Gentile, P.C. on Friday, June 22, 2018.

Workplaces can pose many dangers for the employees who spend time in them each day. When employees suffer head injuries at work, they will need to seek medical attention immediately, and this can be costly. In addition, they will probably need to take unpaid leave in order to make full recoveries.

During the process of recovering from a head injury that occurred at work, workers can suffer financially. This is the primary reason that workers' compensation is in place. Workers' compensation is a type of insurance that employers must have to protect their injured workers. These benefits can be useful after a head injury occurs causes a worker to have to pay out-of-pocket expenses.

Study shows rise in drugged driving, limits of current tests

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Wednesday, June 20, 2018.

Drivers in New York are probably aware that with the legalization of recreational marijuana in seven states and Washington, D.C., there has been a rise in drugged driving. The Governors Highway Safety Association released a study showing that between 2006 and 2016, researchers saw a 16 percent rise in the number of fatally injured drivers with drugs found in their systems. The total was 44 percent in 2016.

Of those drivers, 38 percent tested positive for some form of marijuana. This was followed by opioids at 16 percent and a combination of marijuana and opioids at 4 percent. In fact, 51 percent of the tested drivers had two or more drugs in their body. Alcohol was another common factor, being discovered in 49 percent of drugged drivers who died.

Anxiety is a common outcome of workplace harassment

On behalf of Godosky & Gentile, P.C. on Monday, June 11, 2018.

When we are at work, we are in a professional environment. We expect that our coworkers will treat us with the same respect as we treat them. However, this is not always the case, and, unfortunately, issues regarding factors surrounding race, gender, sex or disability frequently arise in the workplace. Many of these issues and incidents can constitute sexual harassment.

Sexual harassment is an incident or a set of incidents in the workplace where inappropriate behavior was displayed and a hostile environment was created as a result. Workplace harassment could be experienced in a number of ways and has the potential to cause a wide range of stressors to the victim.

Inappropriate behavior seen in Interior Department

On behalf of Godosky & Gentile, P.C. posted in Sexual Harassment on Wednesday, June 6, 2018.

A report released in late 2017 showed that at least 38 percent of Interior Department employees reported facing harassment or discrimination at the workplace. As a result, the Interior Secretary announced a zero tolerance policy regarding this type of behavior by agency staff. The mandate is expected to face its first test with the admission of inappropriate behavior by a top-ranking official at the National Park Service.

The incident, which was first reported by the Washington Post, occurred when the deputy director allegedly made obscene gestures in a hallway at Interior headquarters. The actions were described by an anonymous agency employee who witnessed the alleged action after P. Daniel Smith first took office in March. Interior Secretary Zinke reported the accusation to the Inspector General that same month.

Police misconduct and personal injury claims

On behalf of Godosky & Gentile, P.C. posted in Police Brutality on Thursday, May 24, 2018.

While police officers in New York are given broad powers to exercise their duties, there are also state and federal laws that protect the rights of citizens in the event of misconduct. In particular, Section 1983 of the Civil Rights Act of 1871 provides a check on the authority of those acting under state law.

While officers are granted immunity from lawsuits if they are performing duties, such as questioning suspects, this rule breaks down if they deprive suspects of their rights. Officers may be accused of false arrest, malicious prosecution, the use of excessive force or failure to intervene when another officer is using excessive force.

Hispanic construction workers at high risk of workplace accidents

On behalf of Godosky & Gentile, P.C. on Tuesday, May 22, 2018.

Most people know that construction is a rather risky career path. There are many dangerous elements to a construction job, including the potential to fall from a height, heavy machinery, moving supplies and the potential for an electrocution. Anyone who works in this field could end up severely hurt or worse. However, certain people who work in construction face more statistical risk than others in this industry.

A recent report published jointly by American Society of Safety Engineers (ASSE) and the National Institute for Occupational Safety and Health (NIOSH) found that young, immigrant Hispanic construction workers are at the highest level of risk for injury or death while at work. For those who fall into this demographic or those who love and depend on someone who does, understanding the potential risks is critical.

What to do after a work injury as an undocumented immigrant

On behalf of Godosky & Gentile, P.C. on Thursday, May 10, 2018.

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.