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New York Workers' Compensation, Social Security Disability, Personal Injury and Employment Law
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New York Workers' Compensation Law Blog

UNPAID INTERNS and LABOR LAWS

Unpaid internships, long a staple of the American workplace, are coming under increasing legal scrutiny. A recent spate of collective and class actions alleging violations of the Fair Labor Standards Act ("FLSA") and corresponding state labor laws have been filed by former interns, claiming they should have been paid the minimum wage and overtime for their hours worked for the employer.

Spike in NYC construction injuries and deaths raises safety concerns

Since the Great Depression of 2008, the U.S. economy continues to rebound. In New York City, signs of economic prosperity are abound as the city is in the midst of a building boom. As construction workers report to worksites across the city's five boroughs, concerns remain about whether or not construction managers are doing enough to keep workers safe.

During 2013, the Department of Buildings reported a total of four fatal construction accidents in the city. Last year, as the building boom picked up pace, that number doubled to eight. To date, less than four months into 2015, there have already been a total of seven construction-related deaths.

Poor monitoring blamed for birth injuries

There are many possible causes for birth injuries. Complications sometimes occur during the labor process resulting in injury to the child. Unfortunately, failing to adequately monitor fetal distress or take prompt action leads to birth injuries as well. The consequences are devastating.

In one instance a poorly monitored birth reportedly left a child with severe brain damage and seizures. The resulting claims of medical negligence resulted in complaint seeking $27.25 million in damages.

Must auto dealers fix vehicle recall issues before selling?

So, you go into a Manhattan auto dealership after performing an admirable amount of pre-arrival due diligence. You spot the car you want, do the requisite haggling with the sales person and execute a purchase agreement. Happily, you exit the lot, enthralled with all your new vehicle's options.

You know it's got 10 air bags. You know you're equipped with parking-assist technology and a plethora of accident-avoidance tools.

DAVID KLEIN TEACHES WORKERS COMP AT LINCOLN HOSPITAL

I was very proud to be asked to teach a class in Workers' Compensation, Personal Injury, and Social Security Disability laws at Lincoln Hospital in the Bronx.  This is perhaps my tenth time teaching working men and women what to do if they have accidents or injuries on the job, or if they have construction accidents, falling off scaffolds or ladders, or from roofs, or working in demolition.

Consumer Reports study underscores high number of hospital errors

A central and obvious irony that has been long noted about hospitals by medical industry commentators is that, while they are places where sick people go to get better, they are also locales where ill patients often get even sicker as well.

A recent media article focusing on hospital-based medical errors cites the sad outcome realized by one New York family, as related by the daughter of an elderly man.

What does teen fashion have to do with safe driving?

As an adult driver, you should be alarmed -- but not overly surprised -- to see a young motorist in front of you changing lanes and clothes at the same time.

Yes, you read that sentence correctly. A recent National Public Radio article discussing dangerous driving behaviors cites study findings indicating that about 27 percent of teen drivers "sometimes change clothes and shoes while driving."

Premises liability focus: New York landlord taken to court

Persons and companies that own and manage properties have a good-faith duty imposed on them to reasonably inspect and maintain those premises in good working order, so that guests, visitors and other persons entitled to be onsite are safe and not unreasonably subjected to injury.

That duty is firmly ensconced under both federal and state laws that address premises liability concerns and remedies.

New commercial truckers target of prospective training requirements

It's hardly surprising that the commercial trucking industry is a constant focus of scrutiny for state and federal regulators fixated on the public's safety.

Commercial trucks are big. In fact, they are roadway behemoths, affecting traffic around them in singular and notably dangerous ways. For obvious reasons, it takes an outsized tractor-trailer, 18-wheel rig or other large truck a comparatively long time to come to a stop following a driver's first warning of danger. Truckers' visibility -- that is, awareness of other vehicles in close proximity -- is often limited.

Workers' compensation: a prominent concern for injured nurses

Although the following tale centrally relates to one hospital, in a larger sense it is more meaningfully focused upon an entire industry and a vitally important worker subset within it.

That industry is health care, with the employee focus being on the workers that deal most intimately and routinely with patients on a daily basis, namely, nurses.