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Five Construction Workers Hospitalized After Being Struck by Box Truck

Five New York construction workers were hospitalized on March 21 after their flatbed truck was rear-ended by a commercial box truck on the Robert F. Kennedy Bridge, according to The Legal Herald. The accident happened at about 8 a.m. when the construction workers parked their flatbed truck on the side of the roadway and were preparing to begin their work.

Two of the construction workers were standing on the flatbed when it was struck by the other vehicle, causing them to be thrown into the street. They were both taken to Elmhurst Hospital, one in critical condition and the other in serious condition. The three other construction workers on the scene were treated at Elmhurst Hospital with minor injuries.

The 25-year-old driver of the commercial box truck, which is owned by Schleppers Moving and Storage, remained on the scene of the accident, and no charges have been pressed as of yet. But the injured workers are more than entitled to file a claim against the moving company to win compensation for medical bills and lost wages.

Construction Workers at High Risk of Injury

Construction workers tend to be at the highest risk of workplace injury due to the nature of their work environment. But when a worker is injured because of someone else’s negligence, that worker has the right to take legal action to claim compensation for their injuries. Construction workers deserve to do their jobs in a safe environment, and when this expectation is breached, serious accidents can happen. Compensation won through the legal process could pay for future related medical bills, lost wages, and pain and suffering.

Some of the most common injuries that construction workers suffer are:

  • Broken bones
  • Electrocution
  • Back injuries
  • Head or brain injuries
  • Spinal cord injuries
  • Visual impairment or blindness

These injuries are usually caused by dangerous conditions such as:

  • Improperly installed scaffolding
  • Holes and ditches on construction sites
  • Working with generators and electrical wiring
  • Being forced to do the same task repeatedly, causing repetitive motion injuries
  • Improper training about protective clothing and hard hats

Though safety standards are clearly delineated by organizations such as the U.S. Occupational Safety and Health Administration, the truck accident underscores how suddenly and seriously a construction worker can be impacted by negligent behavior.

Contact a New York Construction Accident Attorney

If you need help taking legal action after suffering a construction site accident, contact the legal team at Hach & Rose, LLP. Our New York attorneys have decades of experience protecting construction and labor workers. We have won millions of dollars in compensation for our clients and are prepared to do the same for you. We’ll handle the details of your case, so you can focus on healing and getting back on your feet.

Given the coronavirus pandemic, we have taken a proactive approach to protecting our clients and employees alike. We are able to provide the same high-quality service that you have come to expect. We offer online consultations and are here to answer your calls, emails, or messages, so don’t hesitate to contact us. Call (212) 779-0057.

New details released regarding NYPD’s “No Report” crash policy

The New York Police Department recently announced a new “no report” car crash policy, meaning that police officers will not respond to minor car accidents, according to an article from StreetsBlog. This policy is now being implemented city-wide after successfully testing it in Staten Island last March.

Though they had planned to eventually apply the policy city-wide, NYPD is rolling it out now due to the rapid spread of the COVID-19 coronavirus. The virus, which has already infected nearly 150,000 and killed over 6,000 New Yorkers, has put an unprecedented strain on New York City’s first responders and healthcare providers. The new NYPD policy aims to free up some police manpower to respond to COVID-19 related calls instead of minor traffic accidents. The NYPD is optimistic about the policy because, during the Staten Island pilot testing, response times were reduced by 9%.

The policy states that police officers will not respond to car accidents resulting in minor damage to the car or property damage, but they will be required to respond to accidents in which:

  • Someone sustained an injury or was killed
  • One party involved in the accident disputes the other party’s claims or version of the story
  • A witness or third party called 911 to report the accident
  • One party involved in the accident flees the scene
  • One or both cars needs to be towed
  • An animal is hit and injured or killed
  • A parked car was damaged and the owner cannot be located

If you are involved in a minor traffic accident, but none of the above situations applies to you, your 911 call will be diverted to a pre-recorded message. The message will describe the new policy and instruct you on how to proceed.

Whenever you are involved in a car accident, there are some basic steps you should take to protect yourself and obtain necessary information from the other party. You should always exchange drivers license and insurance information with the other party, as well as their car’s registration. Take photos of any damage to your car or injuries you sustained, if possible. Write down the other car’s license plate number and a description of the vehicle in case you need it later. If either car involved in the crash sustained damage worth over $1,000, you must file a Report of Motor Vehicle Accident (MV104) with the Department of Motor Vehicles (DMV) as soon as possible. This form can be found online or at a local police station.

Contact a New York car accident attorney

If you sustained an injury in a car crash, this new NYPD policy does not apply to you. Be sure to call the police and file a report immediately to record the nature of the accident and your injuries. If you were hurt in an accident in New York, the team at Hach & Rose, LLP are prepared to assist you. We have taken a proactive approach to protect our clients and employees alike, and we are able to provide the same high-quality service that you have come to expect. We can conduct consultations online, and are still here to answer your calls, emails, or messages, so reach out to us for assistance today.

Child Dies of Severe Head Injury at New York Daycare

A New York toddler died earlier this month after sustaining a severe head injury at an in-home daycare, according to People Magazine.

According to authorities, the 24-year-old caregiver allegedly hit the child’s head against the edge of a table. It has not been confirmed whether she hit his head intentionally or not, but she was charged with first-degree manslaughter and is awaiting trial.

The injured toddler, 23-month-old Lennox Santiago, was rushed to a local hospital after the caregiver called 911. Santiago underwent brain surgery for his severe head injury but died two days later.

Tragedies like this one do not happen often in daycare facilities, but unfortunately, they do occur occasionally. While taking legal action will not heal your family’s emotional pain, it could provide a path to compensation for medical bills and for seeking justice against the person who injured your child.

There are a number of different types of daycare facilities in the U.S., but each one is expected to provide a certain duty of care to the children they are entrusted with. Whether it is a childcare center in a church, a preschool, after-school care, or family childcare in the provider’s own home, the caregivers who are running the facility are expected to provide a clean, safe environment for the children. When this trust is breached and tragedy occurs, the parents will likely want to take legal action.

Steps to Take if Your Child Is Injured at Daycare

If your child was injured at a daycare, there are a few basic things you should do immediately following the injury.

First, seek medical attention, especially if the injury is life-threatening. Personal injury lawyers recommend consulting a doctor so they can officially document your child’s injuries. This written report could be useful later on if you choose to take further legal action or go to court.

Next, be sure the daycare provider fills out an official report documenting what happened. If needed, file a police report as well, because this will add extra documentation to your case.

Should you choose to take legal action against the daycare provider, you will need to prove that they were liable for the accident. A New York personal injury attorney can help build your case and guide you through this process. It is likely that the daycare facility will have some sort of insurance policy designed to protect them in case a child is injured on their watch. An experienced personal injury lawyer can negotiate firmly on your behalf to get you the compensation you deserve.

Your legal team will need to prove:

  • The daycare provider had a duty to protect your child from injury
  • The daycare facility violated this duty
  • The breach caused your child’s injuries
  • The injury must have been foreseeable by daycare staff or management
  • The nature of your child’s damages and the approximate cost of treatment (estimated medical bills, past and future)

Contact a New York Daycare Accident Attorney

If your child suffered a severe injury at their daycare, you might want to take legal action against the provider who was negligent toward your child. Call the attorneys at Hach & Rose, LLP today for a free consultation. Our caring team has years of experience handling daycare injury cases and wants to help you, too. Call us at (212) 779-0057 or reach out online to discuss your legal options today.

Auto Insurance for Delivery Drivers

With the majority of the country on lockdown to slow the spread of the coronavirus, many Americans have lost their jobs and are looking for other ways to make an income. Because restaurants can only offer to-go options right now, food delivery services such as Favor and Uber Eats are booming. Many are taking on these jobs to make some extra cash, but might not know that they need to upgrade their insurance plan to accommodate commercial business if they are driving their own car.

Since food delivery is technically a business use of your vehicle, not personal use, insurance companies might require you to purchase a commercial auto insurance policy. The insurance company will charge more for this policy because they believe you are more likely to get into an accident as a delivery driver or taxi driver, probably because you will likely be on the road much more often than for personal use.

If you plan on taking a job as a food delivery person, you will need to notify your insurance company and ask about the possible consequences of not upgrading your policy. Sticking with your regular personal policy might come back to bite you later if you get into an accident during a delivery and file a claim.

However, some auto insurance companies have already made changes to their policies to accommodate these uncertain and sometimes confusing times. For example, Allstate automatically granted each of their policyholders special coverage for delivering items such as medicine, meal delivery, grocery delivery, etc., through the end of April. In that case, Allstate customers will not need to upgrade their policy to commercial status. Farmers Insurance has enacted a similar extension of their coverage through April 30th, as well.

According to an article by The Rideshare Guy, many food delivery companies like Uber Eats and Domino’s Pizza have their own insurance policies, so their hired drivers don’t need to buy their own commercial policies. However, certain companies’ insurance plans do not extend to drivers in the state of New York, and they will be responsible for purchasing their own commercial policies. Amazon Flex and Uber Eats specifically do not cover New York drivers. GrubHub, Instacart, and Walmart also do not provide company coverage for their drivers.

Contact a New York Car Accident Lawyer

If you got into a car accident while delivering food or using your car in a commercial capacity, you might need help navigating your insurance claim. The attorneys at Hach & Rose, LLP are ready to stand up for you and help you get the compensation you’re owed. Call our office at (212) 779-0057 to discuss your legal options today.

When the essential become infected or otherwise injured, what rights do they have?

by: Anthony Hirschberger

Effective 8:00 p.m. on March 22nd, 2020, Governor Andrew Cuomo has ordered all “non-essential” business owners to effectively close their business and ask all workers to stay home to prevent the spread of the COVID-19 coronavirus.

On the list of “essential” workers who must continue to show up at work and bravely protect New Yorkers are members of the NYPD (cops) and FDNY (firemen). Not only are these brave individuals continuing to put themselves at risk for all of the normal dangers they face in normal times, but they are also putting themselves and their loved ones at risk of contracting the serious and potentially deadly coronavirus.

Luckily, the Legislature enacted special statutory causes of action for firefighters and police officers:

  • General Municipal Law § 205-a for firefighters
  • General Municipal Law § 205-e for police officers

Unlike the common law cause of action, recovery under G.M.L §§ 205-a and 205-e is neither subject to nor circumscribed by the Firefighter’s Rule. In fact, comparative negligence is not a defense in such action. And, to recover, an injured worker must only show a reasonable connection between a violation of the law and an injury. This is a significantly relaxed standard from regular lawsuits that require the plaintiff to show that a violation was a “substantial factor” in causing the injuries claimed.

What does this mean in the context of the novel coronavirus? The law requires that there must be a “well-developed body of law” that has been violated and that the violation has a reasonable relationship to the injury. One such bday of law that has been recognized under the Municipal Laws cited above is OSHA.

Under OSHA, healthcare employers need to use a combination of controls to protect workers and help reduce the transmission of the seasonal flu virus, including:

  • Promoting, administering and making readily accessible the annual flu vaccine to all workers
  • Encouraging sick workers to stay at home
  • Emphasizing hand hygiene and cough etiquette
  • Using airborne infection isolation rooms
  • Ensuring proper functioning of the heating, ventilation, and air conditioning (HVAC) system in patient rooms, procedure rooms, and examination rooms
  • Limiting the transport of infectious patients throughout the healthcare facility
  • Limiting the number of healthcare staff who come in contact with flu patients
  • Providing proper personal protective equipment (PPE) (gloves, gowns, surgical masks, respirators) to healthcare staff and ensuring that it is used and discarded correctly.

As has been well documented by now, healthcare employees are being asked to work without proper PPE, and some are being asked to work after re-using PPE, which is an unsafe practice. If a firefighter or police officer comes into contact with healthcare workers who were not given adequate PPE, among dozens of other possible violations, and contracts the coronavirus, the injured worker may have a lawsuit against the employer of that health care worker. This will even apply if the employer is the City of New York or one of its numerous departments and agencies.

This is a fast-moving and unknown body of law, and we encourage any “essential” worker who contracts the coronavirus to contact our law firm for an immediate consultation. Furthermore, we’d also like to remind our “essential” workers that even if they do not contract the coronavirus but are injured in some other way, they should still contact us for an immediate consultation.

Hach & Rose, LLP is set up to work remotely for all of your needs while this new crisis unfolds.

Falling Building Debris Poses Safety Risk to New York Pedestrians

One New York City woman’s death caused by falling debris has shined a light on safety infractions of hundreds of other city buildings, according to The New York Times.

Sixty-year-old architect Erica L. Tishman was killed after a piece of debris fell from a building she was walking past in December of 2019. The city’s Department of Buildings issued the owners of the 17-story office building a fine in April of that year because the terra cotta facade above the 15th floor was deteriorating and could potentially break off, putting pedestrians in danger. Himmel + Meringoff Properties, the building’s owner, paid the $1,250 fine but apparently did not repair the problem.

After Tishman’s death, the Department of Buildings launched surprise inspections at the city’s buildings, finding 220 other structures in violation. The Department issued a number of Class 1 facade violations, which are “immediately hazardous” to pedestrians but are not necessarily major violations. Class 1 violations include loose masonry, bricks, or stones on the building’s exterior, or cracks in its facade that could injure passersby.

Falling debris, whether from a construction site or from shoddy masonry, can potentially pose serious health risks to workers or pedestrians. As was the case with Tishman, who died before first responders even arrived at the scene, head injuries are the most common and most severe results of falling debris. The victim might experience a traumatic brain injury such as a concussion or contusion, paralysis, a spinal cord injury, or even blindness. They might also need treatment for cuts, bruises, broken bones, and neck injuries.

When someone is injured on another person’s property, due to the property owner’s willful negligence or irresponsibility, the victim or victim’s family can file a premises liability lawsuit. In this type of suit, the plaintiff must show that:

  • they were on the defendant’s property legally
  • the property owner should have known about the dangerous condition that caused the accident but for some reason didn’t fix it or provide ample warning
  • the property owner’s negligence caused the victim’s injury

When a pedestrian is injured by a falling object, they are eligible to file a premises liability lawsuit to win compensation for medical bills, lost wages, and pain and suffering. If the pedestrian died because of their injury, their family may choose to file a wrongful death lawsuit.

Contact a New York Pedestrian Accident Attorney

If you were injured by a piece of falling debris, you might be eligible to file a premises liability lawsuit against the property owner. The attorneys at Hach & Rose, LLP have years of experience representing injured pedestrians and want to help you recover the compensation you deserve. Call Hach & Rose, LLP or contact us online to receive a free consultation.



Child Burn Injuries: What You Need to Know

Burn injuries are among the most physically excruciating kinds of injuries for people to endure. Most burn injuries are classified into one of three degrees:

  • First-Degree Burns — Superficial burns damaging only the epidermis or the outermost layer of skin. Sunburn is the most common example of a first-degree burn, and these involve mild pain but heal on their own in a few days.
  • Second-Degree Burns — Superficial partial-thickness burns damaging both the epidermis and the dermis, the layer of skin below the epidermis. Some second-degree burns cause blisters and scarring, and skin grafting is possible in some cases. Recovery can be several weeks.
  • Third-Degree Burns — Deep partial-thickness burns damaging sweat glands and underlying tissues. Third-degree burns always require skin grafting, and some can also involve surgery.

Additional less common degrees of burn injuries include:

  • Fourth-Degree Burns — extend into the fat
  • Fifth-Degree Burns — extend into the muscle
  • Sixth-Degree Burns — extend into the bone

 The American Burn Association (ABA) reported that 24 percent of all burn injuries involve children under 15 years of age. Unintentional fire or burn injuries were the third-leading cause of injury deaths for children 5 years of age to 9 years of age and the fifth-leading cause of injury deaths in the United States in 2015 for children 1 year of age to 4 years of age.

Stanford Children’s Health states that the majority of fires that kill or injure children are residential fires, and fires kill about 500 children 14 years of age and under every year. The leading cause of home fires and related injuries is home-cooking equipment, but the leading cause of residential fire-related death and injury among children 9 years of age and under is carelessness.

While many negligent parties claim that fires were not preventable and there was nothing they could have done to prevent injuries, this is rarely the case. With a proper investigation, there is often a wide assortment of evidence that can be used against negligent property owners, including lack of smoke detectors, failure to comply with fire codes, or faulty electrical wiring.

Contact a Child Burn Injuries Attorney in New York

If your child sustained severe burn injuries in an accident caused by another party’s negligence in New York, do not wait to seek legal representation. Make sure you contact Hach & Rose, LLP as soon as possible.

Our firm is well aware of the significant pain and challenges burn injury victims face, and we can work to help your child recover as much as possible. Call (212) 779-0057 or contact us online to receive a free consultation.

Financial abuse of the elderly in nursing homes

Though most cases of financial abuse of the elderly occur within the family, sometimes a nursing home caretaker will attempt to exploit a resident. Elderly people are easily taken advantage of financially because they often do not understand how to handle their finances, especially if they suffer from dementia or Alzheimer’s. Many older people who are very sick or dying simply do not prioritize their financial health over their physical health, and might not notice suspicious withdrawals or forged checks.

Understanding the nature of financial abuse, the warning signs, and the consequences can better equip you to fight against it. This article will outline what you need to know about this type of elder abuse.

Nursing home caretakers often forge close relationships with their residents, but sometimes this closeness is only an avenue to exploitation. The elderly people who are most at risk of being taken advantage of are often:

  • Lonely or isolated
  • Grieving the recent loss of a loved one
  • Not well-versed in the specifics of handling money
  • Suffering from a mental or physical disability

There are countless ways the perpetrators can take advantage of their elderly targets, such as:

  • Forging the victim’s signature on checks and depositing them in their own account
  • Deceiving the elderly person into trusting them with their financial assets
  • Convincing the victim to sign a will or deed listing the perpetrator as the one who will be responsible for handling the victim’s assets later on
  • Outright stealing money or possessions

Keeping in touch with your loved one and being vigilant of their bank account activities will do a great amount to prevent this type of exploitation. But if you notice that your loved one seems uncertain of their financial assets, suspicious withdrawals from their accounts, or that some of their property is missing, you might want to begin investigating. Call an attorney for help as soon as you highly suspect that your loved one is being exploited.

Contact a New York nursing home abuse lawyer

If your loved one was taken advantage of financially, the attorneys at Hach & Rose, LLP can help you put an end to this mistreatment. We have a long history of handling nursing home abuse cases and understand the emotional stress that comes along with them. We’ll do the legal legwork so your family can focus on healing. Call our office at (212) 779-0057 to discuss your options today.


Broken bones in nursing homes

As people get older, their bones naturally become more brittle, especially in those who suffer from osteoporosis. Additionally, older people gradually lose muscle mass, which negatively affects their balance and mobility. These two factors make the elderly more susceptible to falls and more at risk of breaking bones.

Broken bones can usually be avoided in nursing homes if the caretakers are properly trained and acting with care. But too often, caretakers or facilities fail to adequately evaluate residents for the risk of falling when they enter the facility, or they may fail to provide the correct support or assistance the resident needs.

The most common types of broken bones in the elderly are hip, thigh, pelvis, back or vertebrae, arm, hand, ankle or leg fractures. Any one of these injuries could be debilitating or greatly affect a person’s ability to move independently. A broken hip is the most common injury after a fall, so if your loved one suffers from any other type of broken bone, you should probably dig a little deeper into the cause. It might have been a simple accident, or it might have been the result of negligence.

Negligent caretakers might make any of the following mistakes, which could result in a resident’s injury:

  • Leaving clutter and random objects on the floor of the patient’s room where they might trip or slip on them
  • Misdiagnose or ignore the warning signs of osteoporosis
  • Failing to help a resident out of their chair or bed, forcing the patient to attempt to stand on their own
  • Failing to keep the resident’s feet out of harm’s way of wheelchair wheels
  • Improperly lifting the patient into or out of the bed

If your loved one broke a bone while in a nursing home, it is important to first acquire a copy of the medical report made about the injury, then to call a personal injury attorney as soon as possible.

Contact a New York nursing home abuse lawyer

If your loved one broke a bone while in a nursing home due to abuse or neglect, the New York nursing home abuse lawyers at Hach & Rose, LLP can help.  We understand that nursing home abuse cases are extremely emotionally stressful, so we’ll handle the technicalities while your family focuses on healing. Call us at (212) 779-0057 for a no-obligation consultation today.

Internal organ damage caused by construction accidents

Members of construction crews put themselves at risk every day that they enter the job site. Their workplace is littered with hazardous materials and heavy machinery, and they often work from great heights on exposed roofs. Though they are at risk for many injuries, damage to their internal organs may be one of the most severe because it often leads to death.

Some of the most vital organs in the body are the heart, brain, liver, kidneys, and lungs. If one of these organs suffers trauma, such as from a fall or a high-speed impact with a piece of machinery, the damage might be irreparable. The two types of trauma are blunt force and penetrating trauma. A blunt force injury might be caused by falling off a roof or being accidentally struck by a piece of heavy machinery. Penetrating trauma occurs when something pierces the skin and the organ, such as a piece of glass or a beam.

The most common types of internal organ damage are:

  • Broken ribs that could puncture other organs
  • Abdominal aortic rupture is the enlargement of the aorta or the main blood vessel in the abdomen. If the aneurysm bursts, it could be life-threatening and requires immediate medical attention.
  • Kidney damage that could eventually lead to renal failure, which is the condition in which the kidneys fail to filter waste from the blood.
  • A ruptured spleen could be caused by blunt trauma to the abdomen. This is when the casing around the spleen bursts and blood pours into the surrounding area. It requires immediate medical attention and could be fatal.

Contact a New York construction accident lawyer

Construction workers are entitled to workers’ compensation in the event of an injury. Still, if someone else’s negligence caused the accident, they could win additional compensation through a third-party injury claim.

If you have been injured at a construction site, the New York construction accident lawyers at Hach & Rose, LLP are here to help. We will investigate and build your case while you focus on getting better. Our team has already won millions of dollars in compensation for other construction workers, and we can help you, too. Call our office at (212) 779-0057 to discuss your legal options today.

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