Sackstein Sackstein & Lee, LLP by cjleclaire
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Construction Accidents Involving Falls from Heights
by cjleclaire
Aug 21, 2018 | 5997 views | 0 0 comments | 301 301 recommendations | email to a friend | print | permalink

Why Are Falls from Heights So Significant in New York City?

New York takes construction accidents involving falls from heights very seriously. In fact, the NY State Legislature passed the Scaffold Law (NY Labor Law 240) more than a century ago based on its safety concerns.

Despite complaints about the Scaffold Law from general contractors and companies involved in the New York construction industry, numerous statistics support the fact that the law exists for very good reasons.

Statistics that Support the Existence of the Scaffold Law

According to the NYC Health report entitled “Fatal Injuries Among NYC Construction Workers,” construction workers comprise about five percent of the total workforce in New York City. However, they make up 27 percent of work-related injury fatalities.

Frequently Asked Questions Related to Construction Worker Fatalities

The answers to the following questions are statistics taken from the period of 2007 to 2014.

How many construction workers die due to work-related injuries every year in NYC?

An average of 20 construction worker job-related deaths occurred every year.

What was the main cause of fatal construction worker injuries?

More than half (58%) of unintentional fatal injuries resulted from falls.

The highest percentage of falls occurred from scaffolds (25%).

The second highest percentage of falls occurred from ladders (16%).

The third highest percentage of falls occurred from roofs (11%).

To what extent did OSHA violations contribute to work-related fatalities?

At least one serious safety violation was cited in more than 90% of the OSHA fatality investigations. A serious safety violation is one that could result in serious physical harm or death.

What were the most common OSHA violations?

The most common OSHA violations occurred in this order: lack of training, lack of fall protection, scaffolds violations, stairs and ladders violations, electrical equipment violations, protective equipment violations, etc.

What are examples of fall protection violations?

Not meeting the requirements for guardrails or a properly anchored harness are prime examples.

Have you suffered from serious physical injuries or lost a loved one due to a fall from height?

Find out what legal recourse is available to you. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate the prospects of suing for damages.  


 

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Sackstein Sacktein & Lee, LLP Sponsors the SUMAQ Peruvian Food Festival
by cjleclaire
Aug 16, 2018 | 10205 views | 0 0 comments | 357 357 recommendations | email to a friend | print | permalink

August 25–26, 2018: the SUMAQ Peruvian Food Festival in Nassau County on Long Island

This year, Sackstein Sackstein & Lee, LLP takes pride in being the lead sponsor of the SUMAQ Peruvian Food Festival. Our attorneys and staff are very committed to serving the people where we work and live, and we strongly believe in the principle of giving back to our communities.

For more than three decades, our attorneys have had a prominent standing throughout the New York City area, and we have offices in Garden City, Flushing, Brooklyn and Queens. It has been our pleasure to assist numerous clients and their families. We primarily focus our practice on personal injury law, which involves helping individuals who have been injured as a result of someone else’s negligence recover compensation for pain and suffering, disability income and other related damages.

What is the SUMAQ Peruvian Food Festival?

SUMAQ is a word that translates as “delicious,” and it is from the language of Quechua, spoken by indigenous peoples of Peru, Ecuador, Bolivia, Argentina, Chile and Colombia.

The Peruvian Food Festival is being held both indoors and outside the Cradle of Aviation Museum in Garden City on August 25 and 26, and is New York's largest outdoor Peruvian food festival. Through a variety of activities, the festival celebrates Peruvian cuisine and culture. Renowned Peruvian chefs will be preparing their gourmet dishes. Their experience is extensive and they boast impressive accomplishments such as being winners on the Food Network Channel show Chopped, learning culinary skills under top Peruvian chefs in world class restaurants and refining their regional dishes to high levels of mastery.

In addition to the delicious Peruvian cuisine, artisans and crafters will display their artwork, and you can see traditional dancing and colorful costumes worn in Peru.

Come and enjoy the celebration!

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Why You Have Legal Rights in Construction Accidents Involving Falling Objects
by cjleclaire
Aug 16, 2018 | 8033 views | 0 0 comments | 338 338 recommendations | email to a friend | print | permalink

Can Injured workers and families who have lost their loved ones pursue lawsuits?

By December of 2017, a construction site at 61 Ninth Avenue in Chelsea had been repeatedly cited for construction code violations.

On December 18, a 54 year-old construction worker was standing on the sidewalk when an anchoring bracket came loose. Scaffolding from 10 stories above him plummeted to the ground, striking him on the head. The worker’s body lay sprawled on the ground. He was unconscious, suffering from a debilitating head trauma. Paramedics rushed the worker to the hospital, but he died an hour later.

Worst of all, the accident was completely preventable. The New York Daily News reported that for seven months, since May 2017, inspectors had visited the work site and cited the general contractor for multiple violations, many of which dealt with scaffold issues.

What recourse do families have under New York law for fatal construction accidents caused by falling objects?

New York Labor Law 240, also referred to as the “Scaffold Law,” offers legal protection to construction workers who suffer injury and families who lose loved ones in height-related accidents. The general contractor and property owner are strictly liable and can be held accountable for injuries that occur due to unsafe work conditions. This not only applies to workers who fall from heights, but also for workers who suffer injury from falling objects and debris when working under a scaffold, ladder or roof.

Failure to tie down materials, replace worn out parts, failure to install guardrails or to ensure workers have hard hats or other safety equipment when involved with work done at heights are in violation of Labor Law 240.

Compensation can help offset financial burdens

Construction workers take risks daily at construction sites. Their families trust they will come home safely, but when the worst happens, the shock and loss can be overwhelming. Even so, there is no need to suffer economic hardship. You can recover compensation for medical costs, future lost income and other related expenses.

At Sackstein Sackstein & Lee, LLPhttps://sacksteinlaw.com, we offer a free initial consultation to discuss construction site injuries and death, and the prospects of taking legal action.

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What You Should Know About Construction Job Vehicle Accidents in New York
by cjleclaire
Jul 10, 2018 | 9067 views | 0 0 comments | 176 176 recommendations | email to a friend | print | permalink

Unsafe Conditions Can Lead to Serious Construction Job Vehicle Accidents

Construction job motor vehicle accidents often occur due to OSHA violations.  Many different types of vehicles are used in construction site work including cranes, forklifts, platform lift trucks, motorized hand trucks, bulldozers, delivery trucks, excavators, front loaders, dump trucks, backhoes, graders, cement mixers and trenchers.

OSHA listed powered industrial truck standards violations as one of the top 10 most violated standards at construction sites in the year 2017.

What is considered a powered industrial truck?

Other names for powered industrial trucks are lift trucks or forklifts. Their main purpose is to move materials, by raising, lowering or removing large objects. They can also be used to move smaller objects on pallets or in crates, containers or boxes. Trucks or earth-moving equipment that are modified by adding forks are not considered powered industrial trucks, even though they may be used to move materials.

What dangers are related to driving powered industrial trucks?

Dangers depend on the type of forklift. A high-lift rider truck that lifts loads to greater heights than a hand truck is more prone to falling load accidents. Types of accidents that often occur may involve workers who suffer injury when lifts fall between loading docks or due to unsecured trailers. Injuries also occur when lift trucks strike workers or when workers fall while working on elevated pallets and tines.

If you are a construction worker and notice that working conditions are dangerous, you have the right to file a complaint with OSHA and request a workplace inspection. All too often, serious or fatal accidents happen before violations are dealt with to make a safer work environment.

When to Seek Legal Help

If you suffer serious injury in a construction job vehicle accident, discuss your injury with an experienced attorney and get a case evaluation. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your injury and the prospects of taking legal action

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Texting and Driving FAQs
by cjleclaire
Jun 14, 2018 | 12698 views | 0 0 comments | 284 284 recommendations | email to a friend | print | permalink

Texting and Driving Is the Most Alarming Form of Distracted Driving

Texting and driving includes reading text messages, emails or online material or writing or composing messages on a mobile device while driving. The federal government defines texting and driving as distracted driving.

Why is texting the most alarming distraction to driving?

Research shows that reading or sending a text takes the drivers eyes off the road for about five seconds. For a car traveling at 55 miles per hour, five seconds is tantamount to going from one end of a football field to the other while your eyes are shut.

What do statistics reveal about texting and driving?

According to the National Highway Traffic Safety Administration (NHTSA), the following statistics indicate the extent of danger:

Approximately 1,000 people in the U.S. suffer injury and nine die every day as a result of accidents involving distracted drivers.

In 2015, 391,000 people were injured in distracted driving accidents.

During daylight hours, approximately 481,000 drivers use cell phones or electronic devices while driving.

The age group that uses handheld cell phones the most while driving are drivers between the ages of 16 and 24. Incidentally, according to the Centers for Disease Control and Prevention (CDC), teenagers between the ages of 16 and 19 are the most at risk, in fact they are three times more at risk of being in a car crash than any other age group.

How is distracted driving a factor in a personal injury car accident lawsuit?

Under New York law, when a person suffers a serious injury that meets the standards of the severe injury threshold, the injured party can sue the negligent party responsible for the accident to recover compensation. Lawyers must prove negligence on the part of the party being sued, and traffic violations such as texting and driving provide evidence that the distracted party was at fault.

Under New York law you cannot use a hand-held cell phone or portable electronic device while driving. Illegal actions on a mobile device include:

  • Talking on a handheld device
  • Composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as email, text messages or web pages
  • Viewing, taking or transmitting images
  • Playing games

The only acceptable actions an individual can do using a portable electronic device while driving is calling 911 or contacting medical, fire or police personnel about an emergency. (New York State, Department of Motor Vehicles)

Seek legal help if you’ve suffered a serious injury in a car accident caused by a distracted driver.

At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate your potential case.

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Sackstein Sackstein & Lee, LLP Settles $1.3 Million for Construction Worker Injury Prior to Trial
by cjleclaire
Feb 23, 2018 | 22478 views | 0 0 comments | 305 305 recommendations | email to a friend | print | permalink

Sackstein Sackstein & Lee, LLP successfully negotiated a $1.3 million settlement for a 41 year-old Asian male construction worker, who was injured while performing asbestos removal work at an upstate construction site. The injured client fell from a 6-foot extension ladder while affixing a heavy tarp across the top of a large 13-foot high, 100-yard long dumpster, for the purpose of preventing asbestos materials from spewing out of the dumpster.

The worker suffered injuries to his back, knees and shoulder and was caused to undergo multiple surgeries.

The Basis for Recovery of Damages in this Construction Worker Injury Case

Based on New York State Labor Law, all contractors, property owners and their agents are responsible for providing safe scaffolding, ladders and other equipment so workers are protected. The law is very specific as to the responsibilities involved regarding safe construction work conditions.

Our attorneys argued that the general contractor violated New York State’s Labor Law by failing to provide the proper equipment to our client. We utilized two experts, an economist and a vocational rehabilitation specialist to establish the extent of our clients’ injuries and damages.

The argument was effective and enabled us to reach a $1.3 million settlement on behalf of our client prior to going to trial.

Construction Worker Injury Cases

Construction workers whose jobs require them to work at elevations above the ground are particularly at risk for injuries. Falling from any height often results in serious injuries, and for this reason, NY laws offer protection so that reasonable precautions are taken to make the worker’s job as safe as possible. Even so, in an effort to increase profits, sometimes business owners and contractors cut costs, and doing so can result in devastating accidents for workers.

Sackstein Sackstein & Lee, LLP has extensive experience handling serious injury cases where construction workers fall from heights. If you have suffered severe injury in a construction accident, find out how we can help.

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Sackstein Sackstein & Lee, LLP Recovers $700,000 in a Settlement Prior to Trial
by cjleclaire
Feb 16, 2018 | 22365 views | 0 0 comments | 990 990 recommendations | email to a friend | print | permalink

Sackstein Sackstein & Lee, LLP recovered $700,000 for a 43-year-old Asian male sign installer in a settlement prior to trial. The sign installer fell from a 16-foot extension ladder at a renovation site while he was removing a 20-foot-long sign from the building. He suffered from a fractured ankle and required surgery.

How Our Firm Established Liability Under New York Labor Law

New York Labor Law 240 states the following:

“All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

Prior to filing the lawsuit, our construction accident attorneys attempted to negotiate a settlement with the tenant, who had acted as the owner’s agent; however, the tenant refused to settle. Our firm entered a motion for Summary Judgment based on the fact that the tenant violated New York Labor law by failing to provide the proper equipment for our client. A summary judgment motion is an argument that the other party has no case and requests that the court decide the case based on the facts submitted. The court decided in favor of the Summary Judgment, and the case was settled through mediation, which awarded our client $700,000 in compensation for losses.

Have You Been Injured in a Construction Accident?

New York labor laws offer substantial protection for construction workers. If you suffer injury in a construction accident, you should seek legal advice and find out about your rights to recover damages. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your accident and the prospects of pursuing a case.

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When Should You Hire a Personal Injury Law Firm to Handle Your Accident Case?
by cjleclaire
Feb 08, 2018 | 14373 views | 0 0 comments | 279 279 recommendations | email to a friend | print | permalink

If you have been in an accident and suffered serious injury, there is a good likelihood that you have considerable expenses involved with your recovery — hospital bills, doctor bills, rehabilitation and possibly even future disability, more surgeries and more bills. It is important to understand that the insurance company’s priority is its bottom line, and if insurance companies can avoid paying for expenses, they will. Whenever they can reduce their payouts, they will also do so.

If your injuries are minor, you probably do not need personal injury representation, but if your injuries are serious, reasons to hire an attorney are numerous.

A Personal Injury Law Firm Can Settle or Litigate a Case

While you may be aware that someone else was at fault for your accident, perhaps you do not know whether your case is worth litigating.

  • Does enough evidence exist to hold the other party accountable?
  • If the party offers to settle, is the settlement amount adequate and will it cover your expenses?
  • What is the extent of your serious injury?
  • What should you say in the police report or what should tell the insurance company?

Even before you recover, you will receive paperwork work and have to make important decisions. All these are questions and issues an attorney can address and handle for you.

Accident Investigations

Sackstein Sackstein & Lee, LLP has an investigative team to gather information and help build cases. Our private investigators can visit the accident scene and make inquiries to discover other relevant information for your case. Our accident specialists can reconstruct the accident, analyze the accident details and evaluate the causes of accidents.

Extensive Experience in Handling Personal Injury Cases

Our attorneys have handled accident cases similar to yours for decades. We have devised the most effective strategies to deal with insurance companies and readily anticipate their arguments. Our goal is protect your best interests and work diligently to recover the compensation you deserve.

Sackstein Sackstein & Lee, LLP was listed among the top 18 New York City accident lawyers by expertise.com, and our law firm has attorneys who have received other awards and recognitions as well, such as AV ratings by Martindale-Hubbell and Super Lawyers designations.

 

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What Are Weather Related Accidents?
by cjleclaire
Jan 25, 2018 | 16768 views | 0 0 comments | 314 314 recommendations | email to a friend | print | permalink

Weather related accidents are something to be concerned about, and statistics back up this fact.

According to the U.S. Department of Transportation, weather related crashes are accidents that take place in harmful weather conditions (rain, sleet, snow, fog, severe crosswinds or blowing sand/snow/debris) or on slick pavement due to rain, snow, slush or ice.

What are the statistics? On the average 5,748,000 vehicle accidents occur every year in the U.S. and 22 percent of them (approximately 1,259,000) are weather related crashes. In addition, close to 6,000 people are killed and more than 445,000 people suffer injuries annually due to adverse weather.

How Do Adverse Weather Accidents Break Down?

Here are the percentages of accidents occurring:

  • On wet pavement— 73%
  • During rainfall — 46%
  • During snow/sleet — 17%
  • During fog — 3%

(Based on 10-year averages from 2005 through 2015)

However, these are national averages, and keep in mind the fact that some states do not get snowfall to any great degree, which may be the reason that snow/sleet have a lower accident percentage.

The Year 2018 Began with Cold Harsh Winter Weather in New York City Areas

A heavy snowstorm in early January dumped up to 13 inches of snow and resulted in more than 2,000 air flight cancellations. Winds in Queens reached close to 50 miles per hour, and snow fell at the rate of two inches an hour in Manhattan.

The New York governor declared a state of emergency for all of Long Island, New York City and Westchester County.

Unfortunately, quite a few Suffolk County residents ignored the weather conditions along with the warning to prevent accidents and injuries. A number of drivers got into accidents and became stranded as the snow kept falling.

NYC mass transit subways continued to operate but weather conditions resulted in track switch, signal and train car malfunctions.

Have Your Suffered Injury or Lost a Loved One in a Winter Accident?

If you have suffered injury or lost a loved one in a deadly crash, consult with an experienced accident attorney to find out about your legal rights. In many cases accident victims or families are able to recover compensation for medical and other accident related damages.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

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Driving Tips for Winter Weather
by cjleclaire
Dec 29, 2017 | 17876 views | 0 0 comments | 435 435 recommendations | email to a friend | print | permalink

Driving in winter weather can be a challenge and understanding some basic ideas about how to drive on ice or in snow can help prevent accidents. Treacherous winter driving conditions range from freezing rain, sleet, snow or simply temperature drops where wet surfaces turn icy.

Driving Tips for Snowy Weather

AAA recommends the following tips for driving in snowy, winter weather.

  • Press down slowly on the gas pedal or brake. Fast acceleration can make you skid or spin. Allow enough time to stop slowly.
  • Drive slowly. Driving slowly helps you have enough time to maneuver for gradual acceleration and stopping.
  • Increase your driving distance between cars. Understand that you should increase the distance for stopping within three to four seconds to eight to ten seconds.
  • Apply smooth brake pressure. Rest the heel of your foot on the floor and press the brake pedal with the ball of your foot for gradual braking.
  • Avoid stopping. If at all possible, avoid stopping in snowy weather and keep rolling. For example, roll up to a traffic light so slowly that you can keep rolling until the light changes.
  • Do not accelerate up hills. You can easily go into a spin when accelerating too much as you climb a hill.
  • Do not stop when going up a hill. If the hill is icy, it is difficult to keep the car from spinning as you press the gas pedal to start the car moving again.
  • Stay home whenever possible. The best way to avoid snowy weather accidents is to avoid driving in snow. Stay at home if at all possible.

Have You Been Injured During Winter Weather Through the Fault of Another Driver?

If you have suffered serious injury, you may be able to recover compensation for damages. At Sackstein Sackstein & Lee, LLP we offer a free initial consultation to discuss your accident and the prospects of pursuing a case.

 

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