New York City Personal Injury Blog

When is sexual harassment unlawful in the workplace?

On behalf of Godosky & Gentile, P.C. on Friday, March 15, 2019.

Many people who become involved in an uncomfortable situation in the workplace wonder if they are making a big deal over nothing. It can be so easy to dismiss inappropriate behavior from a colleague as just an annoyance. Additionally, you may try to make excuses for them, blaming their lack of social skills or arrogant personality as something that they simply cannot help.

However, if a coworker's behavior is affecting the way that you think about work, or the way that you approach your job, you could be experiencing unlawful workplace harassment. You can take steps to address this issue by standing up for your right to be free of sexual harassment in the workplace.

AAA links daylight saving time with heightened crash risk

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Wednesday, March 13, 2019.

With daylight saving time comes the loss of one hour of sleep. While most people in New York may only feel inconvenienced by it, they should know that the resulting drowsiness can make a difference on the road. Everyone needs at least seven hours of rest. Drivers who miss one to two hours of rest in the previous 24 hours will nearly double their chances of a car accident.

That is according to the AAA Foundation for Traffic Safety. AAA goes further and says that those who only get five hours of sleep in a 24-hour period will be as impaired behind the wheel as a drunk driver. The National Sleep Foundation states baldly that sleeping less than two hours makes one "unfit to operate a motor vehicle."

Your immigration status doesn't impact workers' compensation

On behalf of Godosky & Gentile, P.C. on Thursday, February 28, 2019.

New York is a common destination for immigrants to the United States. At one time, most European immigrants came through Ellis Island and would then end up living in New York. The Big Apple is famous for being the city where countless people have started their lives in a new country. Even today, New York is a city of immigrants.

Some of these individuals working for New York businesses may not have all of the necessary legal paperwork to protect their status in the United States. All too often, individuals with questionable immigration status fail to understand their rights under United States law. Knowing these rights is critical, because employers may attempt to take advantage of that lack of knowledge.

Prescription opioids may be linked to serious car crashes

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Tuesday, February 26, 2019.

Many New York residents worry about the impact of the opioid epidemic, from growing rates of addiction to the threat of deadly overdoses. One area where opiates may also have an impact on safety is on the roadway. A study examined fatal two-car accidents across the country and discovered that drivers held responsible for causing these crashes were almost twice as likely to have prescription opiate medications in their system at the time as the driver of the other vehicle.

In all of the fatal car crashes, the most common immediate cause was driving into the wrong lane or veering out of the correct lane of traffic. However, substances were also a factor in many of the 18,321 crashes studied by researchers, data taken from the national Fatality Analysis Reporting System. Alcohol was particularly prominent; 5,258 of the at-fault drivers in these accidents had been drinking, as had 1,815 of the drivers found not at fault. In the case of prescription opioids, 918 of the drivers that caused the crashes tested positive, in comparison to 549 of the not-at-fault drivers. Researchers noted that only 2 percent of at-fault drivers tested positive for opiates in 1993, compared to 7.1 percent in 2016.

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.