New York City Personal Injury Blog

Why would my workers' compensation claim be denied?

On behalf of Godosky & Gentile, P.C. on Friday, November 29, 2019.

If you work in a particularly high-risk profession, for example, if you are a construction worker, you have a significant risk of becoming injured at work at some point in your career. If you do become injured, you may not be able to continue earning an income during the time it takes for you to recover.

In addition, you will likely be subject to medical bills that will continue to affect your financial situation. This is why workers' compensation is in place for the majority of workers in the United States. It makes it possible for injured workers to gain back out-of-pocket expenses that resulted from their injury.

AI may be effective in lowering distracted driving

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Friday, November 22, 2019.

Artificial intelligence may provide the answer when it comes to reducing distracted driving. Researchers and automakers are striving to create cameras and sensors that can monitor drivers' behavior and do several things in response to distracted driving. One of those things, as many drivers in New York should know, is setting off an alert. All too often, though, drivers become conditioned to these alerts so that they become nothing but "white noise."

Automakers are developing ways to deal with this, such as turning the background of the dashboard a different color and shutting the radio off so that the alert can come through. Moreover, automakers are trying to make these systems react to distracted drivers by controlling the vehicle through its braking and steering capabilities to avoid a potential collision.

Ways to show negligence in a slip-and-fall claim

On behalf of Godosky & Gentile, P.C. on Sunday, November 17, 2019.

Suffering an injury due to slipping and falling while on a private premises is surprisingly common. While medical services may need to be sought and wages may be lost as a result of these incidents, not all of them will result in a successful premises liability claim. To be successful in claiming back damages after a slip-and-fall accident on a private premises, you should understand what needs to be proven.

It is necessary to establish that the injury you suffered occurred due to premises negligence. In other words, you need to show that the premises on which you injured yourself did not fulfill their duty to keep you safe, and as a result, you suffered damages. The following are some possible ways that you can prove negligence in a slip-and-fall claim.

What to do about sexual harassment at work

On behalf of Godosky & Gentile, P.C. posted in Sexual Harassment on Wednesday, November 13, 2019.

New York law protects employees from sexual harassment in the workplace as does federal law. Title VII of the Civil Rights Act of 1964 is the federal law, but it only applies to workplaces with at least 15 employees. New York City law is similar in coverage.

There are two types of workplace sexual harassment. Quid pro quo sexual harassment is said to have occurred when an individual, such as a supervisor, asks an employee for a sexual favor in exchange for something else, such as a promotion or keeping the job. Hostile environment is a type of sexual harassment that involves unwanted conduct based on the person's sex. In general, it must be severe or pervasive enough that a hostile work environment is created for the employee. Some of the factors a court might look at to determine whether workplace conduct rises to the hostile environment level is the frequency of the conduct, the nature of the conduct and who the harasser was.

Key signs of a sexist workplace

On behalf of Godosky & Gentile, P.C. on Monday, November 11, 2019.

By law, workplaces should be inclusive and they should not discriminate against employees based on gender. However, it's an unfortunate fact that many employees report being subject to sexism or sexual harassment at work. They can often be made to feel embarrassed, isolated or undermined because of the way others are treating them at work.

If you believe that your workplace is promoting a gender-biased culture and you have suffered as a result of this culture, you may be able to make a sexual harassment claim. The following are some of the most common signs of a sexist workplace.

The different levels of force used by police

On behalf of Godosky & Gentile, P.C. on Sunday, November 3, 2019.

Police must make sure that peace is maintained across the country and that people are protected by any type of criminal activity. When doing their duty, it is sometimes necessary for them to use force to protect themselves or others.

While force is appropriate in certain situations, there is, unfortunately, a worrying trend of the use of excessive force by police. This leads to people becoming victims of police brutality, which has led to many unnecessary injuries, and it has also, tragically, led to many deaths. If you have been subject to police violence and you believe that you were treated unfairly, take the time to understand the definition of police brutality. The following are the different levels of force used by police, and an overview of when they are considered to be reasonable.

National agency says number of crash deaths declining

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Wednesday, October 30, 2019.

The number of traffic accident fatalities in New York and across the country dropped from 2017 to 2018, and the trend is continuing into 2019. According to statistics published by the National Highway Traffic Safety Administration, there was a decline of 2.4% in the number of traffic deaths between 2017 and 2018. The NHTSA attributed the drop at least in part to advanced safety technologies that are being installed in new vehicles. Estimates released about the first half of 2019 indicate that traffic fatalities are 3.4% down year over year.

At the same time, the number of pedestrian fatalities increased by 3.4%, and the number of people who were killed while riding bicycles and other pedal-powered-conveyances increased by 6.3%. Part of the reason for the increase in these sorts of fatalities, according to the NHTSA, might be the presence of more sport utility vehicles on the road. Because SUVs ride higher than other vehicles, their drivers may be less likely to see pedestrians or bicyclists. The number of people killed in crashes with semi-trucks increased by just less than 1%.

Four ways to prevent motor vehicle accidents

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Thursday, October 17, 2019.

Drivers in New York and every other state are concerned about road safety. The unfortunate truth is that every seven seconds, someone is injured in a car accident. However, there are a couple of ways that drivers can prevent motor vehicle accidents from occurring.

One major rule that everyone should follow to prevent accidents is to never use a phone while driving. Unless hands-free Bluetooth technology is being used, texting and answering phone calls can lead to disastrous consequences. It only takes a few seconds for a driver to miss something that can cause a serious accident.

Understanding the meaning of quid pro quo harassment

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

All employees are legally protected from sexual harassment in the workplace. However, for a worker to be able to protect themselves against such behavior, they must first have a good understanding of what constitutes sexual harassment. There are two main types of workplace sexual harassment. The first is sexual harassment through the creation of a hostile work environment. The second type of workplace sexual harassment is known as quid pro quo.

Many people are confused about what quid pro quo sexual harassment means. If you believe that you may have become victim to quid pro quo sexual harassment in the workplace, you should compare your situation with common examples. The following is a brief overview of quid pro quo harassment.

Gaining workers' compensation as an undocumented immigrant

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

If you are an undocumented immigrant and you have been injured at work, you may be worried about whether you can gain workers' compensation. Since you are not legally authorized to work in the U.S., it's understandable that you would be concerned.

There are heavy sanctions imposed on employers who have knowingly employed undocumented immigrants. However, most states recognize that all workers should have fundamental rights, regardless of whether they are documented. Make sure that you understand workers' compensation laws in New York when taking action to file for workers' compensation.