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Must Know Info

New Must Know Info: What is No-Fault Insurance?

Attorney Halina Radchenko has penned a new article for our “Must Know Info” series. In it, she explains what no-fault benefits are available to people who are injured in car accidents.

Click here to read the article.

New Must Know Info: Ladder accidents in New York and Labor Law Section 240

A new article has been added to our Must Know Info section. In the article, attorney Brandon Cotter discusses Labor Law Section 240 and how it applies to workplace ladder safety.

To read the full article, click here.

New Must Know Info: Should My Personal Injury Case Be Delayed Because of COVID-19?

A new webpage has been added to our Must Know Info section. We have been receiving inquiries from individuals worried that the COVID-19 pandemic will delay or stifle our ability to handle their cases. With all of the cutting-edge technology at our disposal, we are handling cases as efficiently as we were before the outbreak.

Click here for more information.

New Must Know Info: How Do I Pay A Personal Injury Lawyer in New York?

A new post has been added to our Must Know Info: How Do I Pay A Personal Injury Lawyer in New York?

We discuss why worries about paying for a New York City injury attorney should never hold you back from hiring one. This is because injury lawyers don’t take any payment unless they win a recovery in your case. To learn more, click here.

How Dangerous is Lead Paint?

How Dangerous is Lead PaintThe dangers of lead paint have been well documented, and we know that it is not safe for either children or adults.

According to the Centers for Disease Control and Prevention (CDC), no safe blood lead level in children has been identified and childhood lead exposure must be prevented before any harm occurs. The CDC refers to two forms of prevention that include primary prevention, or the removal of lead hazards from the environment before a child can be exposed, and secondary prevention, such as blood lead testing and follow-up.

The National Surveillance Data from the CDC, which shows state-level blood lead test data summarized by state, year, and blood lead level (BLL) group, found that Oklahoma had a total population of 318,998 children under 72 months of age in 2017, but only 52,454 of that group of children, or 16.4 percent, were tested for lead poisoning. There were 538 children with confirmed BLLs of 5 µg/dL or greater (1.0 percent) and 141 children with confirmed BLLs of 10 µg/dL or greater (0.3 percent). Overall, there were 397 children with BLLs between 5-9 µg/dL, 85 children with BLLs between 10-14 µg/dL, 19 children with BLLs between 15-19 µg/dL, 16 children with BLLs between 20-24 µg/dL, and 19 children with BLLs between 25-44 µg/dL.

The Residential Lead-Based Paint Hazard Reduction Act of 1992 was enacted by the 102nd Congress and is better known as Title X. It requires sellers of homes and landlords to disclose any known information concerning lead-based paint or lead-based paint hazards, and sellers and landlords must also provide any records and reports on lead-based paint and/or lead-based paint hazards available to them.

If you own a property built before 1978, lead-based paint is more than likely underneath your surface layer, and you can hire an inspector or risk assessor to evaluate the costs of a renovation project. You need to keep lead dust levels in mind if you plan on performing this work yourself.

Contact a New York Lead Paint Attorney

When you have been exposed to lead paint because of another party’s negligence, you could be entitled to compensation through a number of different kinds of legal actions. You will want to work with an attorney for help determining the best possible avenue for you. Contact Hach & Rose, LLP at (212) 779-0057 to discuss your rights and your legal options today. 

Must-know information about FELA cases

What is FELA?

The Federal Employers Liability Act, or FELA, is a federal law that specifically protects railroad workers who are injured on the job. It is separate from worker’s compensation, where the employee surrenders their right to sue their employer in exchange for wage replacement and medical benefits. FELA also differs from workman’s compensation in terms of filing a claim when you get injured. In the case of workman’s compensation, the injured worker does not need to prove any fault on the part of the employer. But in a FELA case, the worker must prove that the employer failed to ensure the safety of their employees and the work environment.

We represent workers employed by:

  • Long Island Railroad (LIRR)
  • Amtrak
  • Metro North
  • Chessie Seaboard Expanded (CSX)
  • New Jersey Transit
  • Consolidated Rail Corporation (Conrail)

How is a railroad injury claim different from a standard injury claim?

The standard for proving negligence in a FELA, or railroad case is much lower than what it would be in a regular injury claim. If the railroad worker can establish that they were injured directly because of an unsafe condition on the job, then they have a case that can be proven. 

Some of the many FELA cases we take on:

  • Derailment
  • Boiler explosions
  • Burns
  • Electrocutions
  • Brain injuries
  • Wrongful death
  • Platform gaps
  • Improper line switching
  • Excessive train speed

If you are a railroad worker who has been injured on the job, know that you have the right to claim damages under the FELA law. A personal injury attorney can help you build your case to prove negligence on the part of the employer or another employee. Hach & Rose, LLP, has a proven track record of winning compensation for railroad workers. We won $925,000 for an Amtrak electric line employee who fell off a ladder, and $1,400,000 for a mechanic who needed neck surgery after a shuttle wagon failed.

What compensation you could receive in a prevailing personal injury claim:

  • Medical expenses
  • Emotional distress, PTSD
  • Lost wages
  • Limiting aspects of daily life

Contact a New York FELA Lawyer Today

If you were hurt in a railroad accident in New York, contact an experienced FELA lawyer at Hach & Rose, LLP to discuss your rights and legal options during a free, no-obligation consultation with our team.

When and how to file a birth injury medical malpractice claim

birth injuryIf a child suffered a severe injury during birth due to the negligence or carelessness of a medical professional, the child’s parents could seek justice through a medical malpractice claim.

A birth injury malpractice claim could be brought against a hospital or individual if the medical professionals handling the birth act in a way that is below the standards of the medical profession. These injuries could be due to a medical professional’s misuse of a surgical tool during the birth, an obstetrician or gynecologist failing to diagnose an ailment in the baby before it was born, or an OBGYN not giving proper treatment to the mother and fetus when they discovered a problem. 

Filing a birth injury medical malpractice suit can be a difficult decision for any family. It can be expensive, time-consuming, and emotionally draining. It is necessary that you contact an attorney who specializes in these claims to help you navigate the complicated process of suing part of the healthcare industry. Below is some helpful information that you will want to know if you’re considering pursuing a claim.

What to prove

To prove medical malpractice, your attorney would need to show that a professional did not meet the standard of care that would apply to an obstetrician, gynecologist, or other specialist treating a similarly situated patient in similar circumstances. Often, your attorney will consult with expert witnesses to explain to the jury the nuances and technical terms associated with the medical field to help them better understand the situation and the failures of the at-fault party.

Other witnesses will need to explain how the child’s injury is not a natural birth defect that could not have been prevented. They need to prove that the injury was caused by negligence and would not have happened under similar circumstances had the patient been operated on by another doctor. 

When to file

If you believe you have a case, you must file a medical malpractice claim within two years and six months of the injury. If you are filing a wrongful death claim following the death of the infant, it must be within two years of their death. 

If you are considering filing a birth injury medical malpractice claim, please consider reaching out to our experienced injury lawyers at Hach & Rose, LLP. Our attorneys can help you navigate the stressful process and win compensation for you and your child. Call our office at (212) 779-0057 or reach out online to schedule a free consultation today.

Knee Injuries in a Car Crash: How Do They Happen?

Knee Injuries in a Car CrashWhen it comes to car accidents, even a seemingly minor collision can result in serious, long-term injuries. While some of the most common types of injuries include head, neck, and spinal trauma, accident victims often report suffering severe knee injuries in collisions.

These types of injuries occur when there is a strong external force suddenly placed on the knee, which may cause extensive damage to the bones, ligaments, cartilage, and more. The most common types of knee injuries sustained in car wrecks include:

  • Kneecap Fractures – Kneecap fractures occur when the patella is cracked, broken, or shattered. These fractures are caused by high-energy impacts, such as car accidents.
  • Thighbone Fractures of the Knee – Like kneecap fractures, thighbone fractures are the result of high-energy impacts. In this case, the fracture can extend from the kneecap into the lower femur.
  • Shinbone Fractures of the Knee – Shinbone fractures, like kneecap and thighbone fractures, can happen during a high-energy impact such as a car collision. In this case, the fracture can extend into the upper shinbone.
  • Knee Dislocation – Dislocations happen when the bones in the knee are either partially or entirely out of place. In people with usually healthy knee structures, being involved in a high-impact car collision could result in a knee dislocation.
  • Anterior Cruciate Ligament (ACL) Injuries – ACL injuries are most commonly known as sports injuries. However, if this ligament is subject to high-energy trauma — such as within a car accident — it is prone to fracturing or tearing.
  • Posterior Cruciate Ligament (PCL) Injuries – PCL injuries occur when the knee suffers from a blow to the front while being in a bent position. These ligament injuries most commonly occur during vehicle collisions.
  • Collateral Ligament Injuries – Most often caused by a direct blow to the outside of the knee, these types of injuries involve the ligaments located on the sides of your knee. During a car accident, collateral ligament injuries can occur if a driver is rear-ended by another car going at high speed.
  • Meniscal Tears – Meniscus tissue provides the bones in your knees with the cushion they need to move and flex comfortably. The meniscus can be fragile, and just a simple twist, turn, or blow may cause it to tear.
  • Tendon Tears – Tendon tears most commonly occur when the knee is subjected to a direct, front-facing blow. The high-impact of the trauma can cause the tendon to stretch, fracture, or completely break.

After a car accident, it is essential for drivers to be aware of any knee-injury symptoms, such as pain, popping sounds, weakness, swelling, immobility, and limping. If you are experiencing any of these symptoms after a car accident, you must seek medical attention as soon as possible.

Contact a New York Car Accident Attorney

Did you suffer a severe knee injury in a car accident that was not your fault? If so, you could be entitled to compensation from the person or party responsible. Contact a New York car accident lawyer at Hach & Rose, LLP by calling (212) 779-0057, filling out a contact form, or chatting with us live online. Our team will sit down with you and discuss your knee injury and how we can help you get the justice and fair compensation you’re owed. 



Construction Safety: Six Initiatives that Companies Should Not Ignore

Construction SafetyWhen it comes to safety on the job site, construction company owners, managers, and employees must focus on safety to protect themselves, other employees, and potentially passersby from harm. When companies fail to focus on safety, severe injury accidents or fatal incidents can and do occur. While equipment and protective gear can help, actual safety starts with the company’s culture 

Six vital initiatives that construction company managers should not ignore are:

  • Make Safety a Primary Priority — The Occupational Safety and Health Administration (OSHA) notes that possible hazards for workers in the construction industry include falls from heights, trench collapses, scaffold collapses, electric shock, failure to use personal protective equipment, and repetitive motion injuries. Employers need to make sure scaffolding is erected properly, fall protection is in place, protective systems are in place for trenches, and all workers are equipped with necessary personal protective equipment.
  • Invest in Training — When you want your workers to operate in the safest possible manner, it will be in your best interest to provide the training necessary for them to learn exactly how things should be done. You should treat training as an ongoing aspect of employment that applies to all employees for the safety of everyone, and the training can help reinforce certain safety aspects that are important to an employer.
  • Involve Your Employees — Instead of making safety concerns a top-down mandate, try to get some of your employees involved in your efforts. Employees who have active roles in safety programs will be more likely to get their co-workers to appreciate their efforts. Involving employees on safety plans can also help avoid any possible conflicting instructions or other issues that can make some plans difficult to carry out. You also want to seek input from your employees as to what other areas of safety should be addressed.
  • Enforce Accountability — When you enact specific safety measures, you will want to make sure they are followed, and you should not hesitate to discipline employees who commit unsafe practices. By demonstrating that there can be consequences to unsafe actions, the employees will know that following safety rules are important to you. You will also want to allow employees to report unsafe practices to you and feel as though you are committed to their protection.
  • Reward Employees — You should reward employees who adhere to safety standards and also show a willingness to attend safety meetings, wear personal protective equipment, and offer suggestions to improve safety. You should avoid incentive programs that reward workers for going a certain number of days without accidents or injuries because such programs risk possible underreporting of injuries.
  • Begin Daily Inspections and Safety Meetings — Inspect your job site before and after every workday to identify possible safety concerns and then discuss all issues at daily safety meetings. When you begin to make this a routine, you will be able to correct many issues very quickly.

If proper safety training is not conducted, or if rules and protocols are not followed, catastrophic or fatal injuries can occur. Construction companies that fail to consider safety initiatives like those listed above do so at their own risk, and they could be held liable if the worst happens and someone is injured or killed.

Contact a New York Construction Injury Lawyer

If you suffered serious injuries or your loved one was killed in a construction accident in the greater New York City area, you will want to make sure that you quickly get yourself an experienced personal injury attorney. You will want to be sure that you speak to Hach & Rose, LLP for the qualified legal assistance that you deserve.  

Our firm has a record of success that includes more than $400 million in verdicts and settlements on behalf of our clients. We have extensive experience helping injured workers in New York, and our team will be ready to stand up and fight for you. Call (212) 779-0057, or contact us online to take advantage of a free consultation right away. 

New Must Know Info: New Yorkers Injured in New Jersey

A new article has been added to our Must Know Info section.

John Blyth outlines how the New York personal injury attorneys of Hach & Rose, LLP can help you, even if your injury happened in New Jersey.

To read the full article, click here.

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