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New York Workers' Compensation Law Blog


NYC Construction Employment Rose 4.5 Percent in 2014, While Wages Remained Flat

Paralyzed mother awarded $35.4M in medical malpractice case

Individuals, who choose to pursue a career in the medical field, must always act with diligence and vigilance to ensure for the health and welfare of patients. Today, the implementation of electronic health records mandate means that doctors and nurses must input vital health and medical information in patients' records to ensure such information can be readily shared and accessed by numerous providers.

In 2008, a 28-year-old woman gave birth to a baby girl. The delivery and birth were normal with the healthy baby being delivered vaginally. However, what was a joyous event soon turned into a nightmare as the young new mother suffered a severe and debilitating stroke just 17 hours after giving birth.

Triunfo de Nuestro Libro "Inglés para los Jornaleros y Obreros de la Construcción."

Cover.jpgEstoy muy orgulloso y satisfecho de que mi libro, "Inglés para los Jornaleros y Obreros de la Construcción," que ofrezco gratis a jornaleros legítimos y centros de alcance en algunos barrios, está siendo utilizado como una herramienta de enseñanza en la Florida, Georgia, y tan lejos como Louisiana y California, así como se estad utilizando en nuestro estado nativo de Nueva York. David Klein/The Klein Law Group


Cover.jpgI am very proud and gratified that my book, "English for Day Laborers and Construction Workers," that I offer free of charge to bona fide day laborer and neighborhood outreach centers, is being used as a teaching tool in Florida, and Georgia, and as far as Louisiana and California, as well as in our home state of New York.  

Why, in the case of cellphones, hands-free doesn't equate to accident-free

By now, everyone has heard about the dangers of distracted driving. However, people have varying opinions about what activities actually qualify as being distracting to a driver. In recent years, cellphone use and specifically texting while driving has received a lot of attention and focus by politicians and law enforcement officials. It’s important to remember, however, that there are numerous other activities in which drivers engage that are equally distracting and dangerous.

Eating, talking to passengers, changing the radio station, fiddling with a GPS system and tending to one's appearance in the rearview mirror are all extremely distracting activities that may result in a driver either causing or being involved in a motor vehicle accident. Talking on a cellphone is also widely cited as being distracted, however, the results of a recent Travelers' Insurance poll revealed that 83 percent of respondents "believe it's sometimes or always safe to talk on a hands-free device while driving."


One way that many employers are guilty of wage theft is in the use of fluctuating, or changing, work weeks in an illegal manner to cheat their employees out of their legal wages.  Darren Rumack, who is in charge of Wages & Hour cases at the Klein Law Group, has written a guide for when the fluctuating work week is legal and when it is not legal and constitutes wage theft.

Don't let a work injury lead to financial ruin

Every day across the U.S. and throughout New York City, individuals suffer injuries at their places of employment. From a nurse who injures her back while helping lift a patient to a construction worker who is hit in the head by falling equipment, a work injury can significantly impact an individual's life in numerous ways.

For those impacted by a work injury, many have questions and fears related to paying medical bills, recovery time, returning to work and disability. Compounding the stresses of dealing with a work injury, many individuals struggle to understand the workers' compensation system and claims process. Consequently, some workers see their valid claims denied while others are forced to prematurely return to work.


I am proud to report that we have saved our client, a small software company, $100,000.00 in workers' compensation penalties.  Sometimes the Workers' Compensation Board will attempt to penalize small business owners for not having workers' compensation insurance, even when the business has no employees.

Why commercial trucks shouldn't travel over 65 MPH

At some point, most New York drivers have likely been guilty of speeding. While a widely accepted practice, speeding is an incredibly dangerous driving behavior and, according to the American Trucking Association, is a "factor in nearly 30 percent of all fatal crashes," in the U.S.

Anyone who has ever attempted to quickly slow down or stop a vehicle traveling at a high rate of speed can likely understand why speeding is so dangerous. Driving over the posted speed limit is especially hazardous in cases where there is road construction, heavy traffic or inclement weather. Additionally, when traveling at a high rate of speed, the type of vehicle that an individual is driving can also significantly impact one's ability to maneuver, slow or stop quickly.