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Injured? What you need to know in the event of an on-the-job injury.

As we all know, construction work by its nature is inherently dangerous. Although union construction workers have an advantage with training and safety measures fought for by their unions, accidents do still occur, and when they do, they can be both physically and financially catastrophic to both the member and his or her family. Dangerous situations are often avoidable on the sites where members work, but it is the responsibility of property owners, general contractors, subcontractors, machine & equipment manufacturers as well as equipment suppliers to provide not only a safe place to work but also to provide safe equipment to perform your work in order to make that site safer.

The New York State Labor Laws, fought for by your union leadership, protects workers when injured on construction sites. Section 240 of the Labor Law holds property owners and general contractors responsible if there is a gravity-related injury; meaning if a worker falls from a height or an object falls striking a worker, that worker can recover against a third party on or affiliated with the construction site. Sections 241 and 200 of the Labor Law hold owners and contractors responsible if sections of the Industrial Code of the State of New York is violated or if a worker is not provided with a safe place to work.

If injured on the job there are certain steps that should be taken immediately to protect your rights:

  • Always seek Medical Attention First: Even if the injury is seemingly minor, it is important that the injury is documented early so that in the event it worsens over time, the injured worker will not be in a position to have to explain why he or she did not treat when they were first injured. The longer you wait to treat, the more difficult it will be to claim the injuries resulted from the subject accident.
  • Report the accident immediately: If you wait too long to report the accident, the responsible party may argue that the accident did not occur on the job.
  • Take photographs or video: Too often, construction sites change and often dangerous conditions are fixed before they are documented. In the modern era almost everyone on a site has the ability to use a cell phone to record a dangerous condition; it is important this is done as close to the time of the accident as possible.
  • Get the names and contact information of all witnesses: People move to different jobs or work for different companies, it’s a fact of life, but the ability to contact and find witnesses is vital and should not be overlooked.
  • Do not speak with anyone from an insurance company or investigators: Insurance companies for responsible parties often attempt to record statements from injured members before they hire their own attorney. They do this to obtain information that will diminish the value of a claim or ruin the claim altogether. The insurance carrier representative may sound as though they are trying to help you; in fact many will even go so far as to tell you they are there to help when their ONLY job is to decrease the amount of money you should rightfully receive.
  • Hire a competent attorney that specializes in construction accident cases: There are many nuances and pitfalls that can mean the difference between success and failure of a member’s lawsuit. Although there are some excellent attorneys out there, there are many more that simply advertise for these cases without knowing the details and practice pitfalls under the NYS Labor Laws. Such lawyers do their clients, as well as other members and lawyers who practice in this area, a huge disservice by ultimately decreasing the case value for injuries similar to yours.

Hach & Rose is one of the top construction accident law firms in New York State and has the results and pedigree to back it up. Hach & Rose aggressively protects the rights of Union members and has unique experience handling complex construction accident cases for Union members who have been injured. Hach & Rose is never afraid to go to trial, the insurance companies know it and it’s that willingness to go to trial that ultimately increases the amounts insurance companies are willing to pay to our clients. They are a one-stop-shop that coordinates your workers’ compensation and social security disability benefits as well. If a member has been injured in a work related accident contact Hach & Rose toll free at (866) LAWS-USA (866-529-7872) or at (212) 779-0057 or visit them on the web at unionlawfirm.com to discuss any legal issues you may have.


Bayer IUD cases consolidated and transferred to New York

The U.S. Judicial Panel on Multidistrict Litigation in Washington ruled on Monday, April 8 that, due to overarching similarities in more than 40 personal injury lawsuits filed in several federal courts across the country against Bayer AG’s Mirena intrauterine contraceptive, consolidation of said cases will be granted.

Resistance of Bayer to the proposal of case consolidation was dismissed by the panel, with the U.S. district court in White Plains, New York being given full jurisdiction over the consolidated lawsuits. Bayer’s response to the case consolidation was that it would “vigorously defend itself against these claims regarding Mirena.”

Unfortunately, many defective pharmaceutical products, such as Bayer’s IUD, are released to unsuspecting consumers, causing them undue harm in the long-run. If this has happened to you, call (212) 779-0057. The lawyers at Hach & Rose, LLP, may be able to help you pursue civil litigation against the responsible manufacturer or distributor.


11 people injured in early morning Brooklyn van accident

Two vehicles, a “dollar van” and a taxicab, collided with each other Thursday morning, causing eleven people to suffer both minor and major injuries.

The accident, which occurred at 9:15 a.m., took place at the intersection of Lefferts Avenue and Rogers Avenue in East Flatbrush, as reported by a FDNY spokesperson. Five people sustained severe injuries and were immediately taken to four various hospitals – Kings County Hospital, Downstate Medical Center, Kingsbrook Jewish Medical Center, and New York Methodist Hospital. An additional six people were treated by responders at the scene of the accident for minor injuries.

The cause of the accident was still under investigation hours after it occurred.

Unfortunately, car wrecks such as this one all too often cause devastating harm to unsuspecting people, leaving them suffering physically, emotionally, and financially. However, at Hach & Rose, LLP, our lawyers work diligently to help those who have been unduly victimized by such an accident. Call (212) 779-0057 today to find out how we may be able to help you pursue financial compensation if you’ve been through a car accident caused by someone else’s actions.


Bill seeking higher penalties for abandoning a hit and run scene passes New York Senate

The New York State Senate has passed a bill that allows greater fines and penalties to be meted out to people who will leave the scene of a vehicular accident.

The bill introduced by Ken LaValle increases prison time for a hit and run to a maximum of 15 years in prison by changing the offense to a Class C felony. Fines, too, will also automatically increase.

The current law puts hit and run offenses under a Class A misdemeanor for first-time offenders, meaning they can be charged with up to a maximum of one year imprisonment. On the other hand, if the perpetrator of a vehicular accident chooses to remain at the scene but is found to be impaired by alcohol or narcotics, the offense will automatically be upgraded to a Class E misdemeanor, meaning the suspect can get up to a maximum of four years of imprisonment.

Suffering through the repercussions of a hit and run accident can be difficult, and our legal team at Hach & Rose, LLP, can help you through this. Learn more about obtaining compensation after going through such an accident by calling (212) 779-0057.


When the “Last Best Offer” Isn’t the Best

We often hear from clients that they have had personal injury claims in the past where an attorney has told them “this is the best we can do.” Insurance companies and the lawyers that work for them are in the business of making money. This means they want to pay as little money as possible to resolve a personal injury lawsuit. In determining how much money a claim is worth, an insurance company must weigh how much money a plaintiff’s attorney will recommend to their client. A major factor in this evaluation is whether the law firm representing the plaintiff is willing to go to trial. Many firms will accept what they believe to be the “last best offer” from the insurance company prior to proceeding forward with the expenses and risks of a trial. Insurance companies are very aware of which law firms will take the case to trial to obtain the best possible result for their clients and which law firms look to settle claims before trial.

Recently our law firm was asked by an injured construction worker to take over a case after receiving a settlement offer of less than one hundred thousand dollars, which his attorney recommended he accept. After our firm took over the case, it was resolved two years later for two million dollars. Our firm was involved in another similar situation this year where an insurance company was willing to pay one hundred thousand dollars immediately prior to trial. While many attorneys would have recommended this settlement amount to their client, our law firm proceeded to trial, which resulted in a jury verdict in the amount of four hundred thousand dollars. This return of four times the “last best offer” demonstrates to insurance companies that at Hach & Rose, LLP, trials will occur when their “last best offer” is not in the best interest of the client.

At Hach & Rose, LLP, we pride ourselves in obtaining the best possible result for our clients, not the result which is the “last best offer” from an insurance company.


Hit-and-run on Northway injures two

In late February, two people that were pulled over to assess a problem with their car were slightly injured after a car passed by them out on the Northway in Malta, hitting their automobile.

New York State Police Sgt. John Phelps said 26-year-old Ashley Shell and Cody Thivierge of Ballston Lake and Corinth, respectively, had pulled over on the curb between exits 11 and 12 of the Northway at around 6 p.m. when a vehicle sideswiped them. It was not known exactly whether they were in or outside the vehicle, Phelps added.

They were brought to the Saratoga Hospital for immediate treatment of their minor wounds.

Ballston Spa resident Patricia LaRosa, 42, reported to the police that she was the driver who sideswiped the victims’ vehicle, albeit only after reaching her destination. According to Phelps, LaRosa claimed that she was sneezing and, as a result, failed to notice that she already struck a vehicle.

Many people throughout the country sustain both minor and major injuries in accidents caused by distracted drivers like LaRosa. If this has happened to you, call (212) 779-0057 today to discuss pursuing financial restitution for the undue harm you’ve endured. A lawyer from Hach & Rose, LLP, may be able to get you the justice and compensation you need.


Subway Severs NY Man’s Legs

In one of a string of recent accidents on New York’s subway system, a middle-aged man who had fallen onto the tracks at the 161 Street-Yankee Stadium subway stop suffered the loss of both of his legs when they were crushed and severed by an oncoming train. Remarkably, emergency rescuers were able to take the man to Lincoln Hospital, and the injuries did not result in fatality.

This is one of a number of different accidents and fatalities which have occurred in New York’s subways in 2013. A rash of accidents and injuries occurred earlier in the year, particularly in February, where three fatalities occurred within a single week. The incidents have been enough to cause Manhattan Borough President Scott Stringer to suggest possible improvements to subway safety in order to reduce the likelihood of such tragedies.

If you have suffered an injury in New York’s subways or any other public locations, contact Hach & Rose, LLP, at (212) 779-0057 today.


Union Pacific Ordered to Compensate and Reinstate Fired Worker

Union Pacific has been ordered to pay $350,000 to, and reinstate, a worker who was allegedly fired after reporting a work-related injury. After reporting his injury in December of 2010, the employee was charged by Union Pacific with misuse of a company vehicle, a charge which eventually resulted in his firing. However, regulators are treating the employee as a whistleblower.

According to regulators, the injured worker had worked for Union Pacific for more than 30 years and was a “top performer” who received awards for his performance. The awarded $350,000 is intended to help cover the costs resulting from the employee’s injuries and lost wages.

Injuries resulting from railroad accidents can be devastating, taking a serious toll on a worker’s physical and financial well-being. If you’ve been injured in a railroad accident that you believe falls under FELA guidelines, contact the legal team at Hach & Rose, LLP, today by calling (212) 779-0057 and learn more about what our experienced legal team can do to help you.


If Injured On a Construction Site: Why Hach & Rose should Be Your Labor Law Attorneys

The New York State Labor Law generally refers to §200, §240, and §241 of the Consolidated Laws of New York. These provisions hold contractors, leaseholders, owners, and agents liable in the event an employee is injured on the job. Section 200 codifies general negligence principles, 241 analyzes violations of the Industrial Code, and 240 is a strict liability statute applying to gravity-related injuries such as a worker falling from a height (ie. a scaffold or ladder), or an object falling and striking a worker, known as falling object cases. Although these guidelines seem fairly straightforward, these three sections of the law are subject to a great deal of interpretation by the Courts.

Partner Gregory Hach routinely lectures at labor unions speaking on topics such as workplace safety. Partner Michael Rose teaches lawyers at the bar association of New York how to handle these cases. Because success or failure of a case can hinge on a small detail, choosing the right attorney is vital. Results obtained by Hach & Rose, LLP, include $13M for a painter/operating engineer who fell from a ladder; $2.1M for a laborer struck by a Bobcat; $3.475 for a carpenter who fell from a temporary roof; $2.5M for an engineer who fell because of a poorly constructed permanent ladder; $1.625M for a carpenter who tripped and fell on a piece of debris; $2.5M for a sheet metal worker, $3.5M for a mason tender, and $3.525M for a construction supervisor.

If you have been injured in any manner in your workplace, give Hach & Rose, LLP, a call at (212) 779-0057 or visit them on the web at www.unionlawfirm.com.


New York Man Accused of Nursing Home Abuse

A certified nurse aide at the Park Ridge Living Center in Greece, NY has been arrested and charged with endangering the welfare of a vulnerable elderly person, a felony crime. The charges stem from an assault which occurred on November 5, 2012, when the aide, Groven Glenn, became angry with an 83-year-old resident, throwing a chicken bone at her and slamming the wheelchair in which she was seated into a doorframe, resulting in physical injury to the victim.

If convicted of the charges, Glenn faces up to 4 years in prison for his actions. The state’s evidence is based on surveillance video footage, and Glenn has himself partially acknowledged his wrongdoing during interrogation.

If your loved one has suffered from nursing home abuse in any form, we want to help you pursue justice. Contact Hach & Rose, LLP, today at (212) 779-0057 to speak with a qualified member of our legal team about what we can do for you.


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