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OSHA fines Formica $121,000 for worker death

The United States Occupational Safety and Health Administrationfined Staten Island contractor Formica Construction $121,000 on May 28 in relation to a fatal demolition accident that occurred in November of last year, the New York Daily News reported.

On November 28, Delfino Velazquez was crushed by a mezzanine floor due to the contractor’s violation of several safety rules, including the failure to arrange a pre-demolition engineering survey of the area to measure the stability of the building. Other violations included failing to train workers to recognize risky situations and tearing down load-bearing walls before an upper floor.

This is Formica’s second time to be involved in allegations of safety violations in the workplace, with Formica owner Kenneth Formica previously pleading guilty to criminally negligent homicide after another worker, 39-year-old Lorenzo Pavia, was buried alive in a trench that suddenly collapsed in 2007. Formica spent 16 weeks in prison.

Velazquez’s daughter, Monica, said at a recent union-led press conference at City Hall that Formica should never have been able to resume business after the first worker death.

If you or someone close to your heart has been hurt in a construction accident in New York, whether as a worker on a construction site or a passerby, you can count on the legal help of our attorneys at Hach & Rose, LLP. Call our offices today at (212) 779-0057.

Nobel Prize Winner Dies in Taxi Accident

John Nash, the inspiration for the 2001 Oscar-winning film A Beautiful Mind, and his wife were victims of a fatal taxi accident on May 23, according to the New York Times. The famed mathematician is best known for his battle with schizophrenia and work with game theory, winning him the 1994 Memorial Prize in Economic Science. Nash, 86, and wife Alicia Nash, 82, were traveling home to Princeton, New Jersey when the accident occurred.

Reports indicate that the taxi driver, Tark Girgis, lost control of the vehicle while attempting to pass another driver at around 4:30 p.m. The taxi hit a guardrail and immediately sent Nash and his wife from the vehicle. It is presumed that neither of the passengers was wearing a seatbelt.

Girgis was immediately sent to Robert Wood Johnson University Hospital in New Brunswick with non-life-threatening conditions. He willingly submitted to drug and alcohol tests by police after the accident.

Nash is survived by his two sons, John Stier and Johnny Nash. The thoughts and well-wishes of Hach & Rose, LLP, go out to the friends, family, and all affected by this tragic loss.

Amtrak faces personal injury claims from train accident victims

The National Railroad Passenger Corp., doing business as Amtrak, is facing many personal injury lawsuits that could cost hundreds of millions of dollars after the derailment of its train at Frankford Junction in Philadelphia, philly.com reported on May 14.

The accident occurred not far from the Delaware River at around 9:30 p.m.; eight people were killed and many others seriously injured.

Because of the Amtrak Reform and Accountability Act of 1997 which restricted government compensation to victims and families of victims to $200 million per crash, the compensation payments will likely fall short of what is necessary.

The personal injury lawyers at Hach & Rose, LLP, are dedicated to representing those who have been injured in a train accident or another incident through no fault of their own. Victims should not be held responsible for medical care costs and other damages. Learn more about pursuing financial compensation by calling our offices in New York at (212) 779-0057 today.

Types of Burn Injuries

Burn injuries have the potential to cause severe and lasting damage, and these devastating injuries can have a variety of different causes. From thermal burns to electrical burns, burn injuries have the potential to cause permanent injury, scarring, and disfiguration to victims.

Hundreds injured, 6 dead after Amtrak train derails in Philadelphia

NBC 10 in Philadelphia has reported that the death toll has risen to six after the Amtrak derailment last night.  The Amtrak train, heading to NYC from Washington D.C., derailed shortly after 9pm EST.  Each of the seven cars left the tracks completely during the devastating accident.

The accident is reported to have claimed the lives of six individuals and injured over 140 people.  The Temple University Hospital took in 54 patients, 25 of which remain hospitalized.  Temple’s chief medical officer Dr. Herbert Cushing reports that an additional 8 patients remain in critical condition.

Mark Sokoloff of Hach & Rose, LLP, who has over 25 years experience dealing with railroad related deaths and injuries, commented on the accident:

“This is a tragic accident and my heart goes out to the victims and their families.  Along with many others, I have spent my career as an advocate for railroad safety and have represented hundreds of railroad employees and passengers.  As is all too often the case, accidents like this could have been prevented if safety precautions were followed.  Please read the following overview of the how PTC – Positive Train Control may have prevented this accident”

Positive Train Control, enacted by Congress in 2008 as part of The Rail Safety Improvement Act, was mandated to be implemented by Major Passenger and Freight Carriers like CSX, Amtrak, North Burlington Central, and Consolidated Rail, to name a few, by December 31, 2015. A Positive Train Control computer system on Amtrak may have prevented the North East Regional Train 188 tragedy. Congress must act now to re- enforce, as well as implement, The Rail Safety Improvement Act of 2008  (RSIA08., P.L.110-432) for Passenger Commuter Trains like  the L.I.R.R, Metro-North, N.J Transit and Amtrak.

According to the Federal Railroad Administration (FRA), an average of 200 derailments and 205 train collisions, resulting in 422 injuries and 12 fatalities, occurred annually from 1998 to 2009, excluding the accidents at railway crossings, like the Valhalla N.Y accident. The majority of train related fatalities are due to interactions with vehicular traffic at road grade crossings and in 2009 alone there were 247 fatalities.

PTC is designed to prevent “train to train collisions, over speed derailments, incursions into established zones by vehicles, and movement through a switch left in the wrong position.” Railroads across the country are mandated to design a PTC system “best suited” for the Carrier’s need to prevent Railway derailment as a result of a fouled  track or excessive speed.

The Amtrak Train 188 occurred close to Frankford Avenue and Wheatsheaf lane approaching a known dangerous curve in the tracks.

Amtrak trains travel within The North East Corridor at speeds exceeding 100 miles an hour. If this derailment was caused by excessive speed, a positive train control system would have reduced the train speed in this urban and residential area automatically, and would have likely prevented this tragedy.

Former U.S. Rep. Patrick Murphy shared this photo that showed a firefighter inside the train.

The question that is posed by the North East Regional Train 188 Disaster is how close is Amtrak in their PTC design to prevent future speed related derailment before the 12/31/2015 deadline?

The firm of Hach & Rose, LLP, urges all Amtrak employees and their families to take advantage of the Amtrak Employee Assistance program. The firm is offering free FELA and benefit consultations through our website www.unionlawfirm.com or by calling (212) 779-0057.

If you or a family member was involved in this tragic accident, whether as a passenger or a worker, please contact Hach & Rose, LLP, to learn more about your rights and the legal action that may be available to you. To speak with one of our attorneys today, please call 866-LAWS-USA.

Manhattan construction accident kills one

A crane accident in Manhattan resulted in the death of a construction worker on April 24, according to a Newsweek report.

The construction site is located at E. 44th Street between Second and Third Avenues. A representative of the fire department told reporters that the accident was not a collapse of the construction site itself–rather, a mechanical malfunction of equipment. The fire department affirmed that the victim was male but could not release a name or age.

The New York Fire Department responded to the scene of the accident. Police authorities are working to inform the deceased’s next of kin.

Crain’s New York Business reporter Andrew J. Hawkins witnessed the tragic accident and described the scene. The worker was covered with a sheet pulled over his head, which he said police did in order to respect the deceased’s body by preventing photographers from recording the scene.

Paralyzed rider leads Trek to recall 1 million bicycles

Popular Wisconsin-based bicycle company Trek announced a recall of nearly 1 million bikes in the United States and Canada due to an improperly installed quick release lever on the front tire, according to CNN Money.

The lever in question has so far caused three separate bike accidents, resulting in the paralysis of one rider. Trek says that the issue stems from the release lever’s tendency to rotate over 180 degrees, potentially getting caught in the disc brakes and hurling riders over the handlebars.

The recall includes any Trek model manufactured between the years 2000 and 2015 equipped with front disc brakes and the defective lever. Trek claims not to have known about the faulty lever until the company received word of the injured rider, and the company is offering to provide owners with a free installation of a new lever, as well as a $20 gift card for merchandise.

It is the responsibility of bike manufacturers to ensure that their products are safe for consumer use. If you or someone you love has been injured in a bike accident caused by a defective product, a New York product liability lawyer at Hach & Rose, LLP, may be able to help. Call us today at (212) 779-0057.

How does a statute of limitations affect my claim?

If you have been injured in an accident caused by the negligence or recklessness of a third party, you may be eligible to receive compensation for your suffering and related expenses by filing a personal injury claim. In order for your claim to be legitimate, you will have to file it within a certain period of time. This window is called the statute of limitations. The statute of limitations varies depending on the state and the crime committed, but usually floats between one and six years. Although there are instances in which the circumstances surrounding the statute of limitations will vary, in general:

  • The statute of limitations begins on the day the accident occurs or when the crime is committed.
  • You can not file a personal injury claim after the statute of limitations has run its course, nor can you be prosecuted for a crime.

As such, after an accident, it is advisable to seek professional legal assistance as quickly as possible. At Hach & Rose, LLP, our New York personal injury lawyers are experienced in a broad range of practice areas and are dedicated to fighting for rightful compensation for our clients. To learn more about how a lawyer can help you, please call us today at (212) 779-0057.

Michael A. Rose and David R. Cheverie honored by Rue Ratings’ Best Attorneys of America

Rue Ratings Best Attorneys of AmericaThe entire team at Hach & Rose, LLP, is proud to announce that attorneys Michael A. Rose and David R. Cheverie have been inducted as lifetime Charter Members of Rue Ratings’ Best Attorneys of America.

Jimmy Mack’s children get $10M settlement in Wal-Mart truck accident

The children of 62-year-old comedian James “Jimmy Mack” McNair received $10 million from Wal-Mart in an out-of-court settlement after a semi-truck driving for the company crashed into a limousine bus holding McNair, Tracy Morgan, and others, Reuters reported on March 20.

The truck accident occurred along the New Jersey Turnpike on June 7 of last year as the group of comedians were returning from a show in Delaware. The truck driver, 39-year-old Kevin Roper, was found to have been awake for 24 hours prior to the accident. Moreover, Roper was driving 65 miles per hour in a 45 mph zone. Roper pleaded not guilty to the charges brought against him–vehicular homicide and assault by automobile.

Our car accident lawyers at Hach & Rose, LLP, in New York may provide aggressive representation against those responsible for your injuries or the death of a family member. Call our offices at (212) 779-0057 today to discuss your specific case and learn more about your options for pursuing legal action.

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